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Environmental Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

by Farrell Fritz, P.C. on

Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning. Back in 1981, the New York State Legislature enacted the Waterfront Revitalization of Coastal Areas and...more

New Bill Aims to Streamline LA Olympics Transit Projects & Clippers Arena

by Nossaman LLP on

According to an article in the Los Angeles Times, California lawmakers pitch a break from a key environmental law to help L.A. Olympic Bid, Clippers Arena, California lawmakers introduced Senate Bill 789 last week in an...more

Courts Issue Victories To Conservation Easement Donors

by Fox Rothschild LLP on

August brought three wins for taxpayers who donated conservation easements that were challenged by the IRS. In all of the cases, terms of the conservation easement deed document carried the day....more

Interlocutory Remand Can Be Used to Supplement Agency Findings Prior to Judgment - California Court of Appeal Upholds Trial...

by Holland & Knight LLP on

• In Highway 68 Coalition v. County of Monterey, et al., California's Sixth District Court of Appeal endorses the trial court's use of interlocutory remand as a prejudgment tool to allow a lead agency to supplement deficient...more

Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?

by Downey Brand LLP on

All eyes are appropriately on Houston right now, where record rainfall has led to catastrophic flooding, loss of life, inestimable damages, and years if not decades of recovery and re-building. Around the country, many...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for...

by Miller Starr Regalia on

In an opinion originally filed on July 31, and belatedly ordered partially published on August 24, 2017, the Sixth District Court of Appeal affirmed the trial court’s judgment denying a writ petition brought by a citizens...more

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

Massachusetts Moves to Reduce Greenhouse Gases

by Robinson & Cole LLP on

On August 11, 2017, the Massachusetts Department of Environmental Protection (MassDEP) adopted a landmark bundle of regulations for reducing greenhouse gases (GHG). The regulations primarily target carbon dioxide (CO2)...more

RC Byrd hydro project licensed at Army Corps locks and dam

by PretiFlaherty on

Federal hydropower regulators have issued an original license to an Ohio city to construct, operate, and maintain a 50-megawatt hydroelectric project at an existing U.S. Army Corps of Engineers lock and dam site. If developed...more

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

by Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Is Your Company Ready for the New Prop 65?

by Polsinelli on

One year from now, companies that do business in California will have to comply with new warning regulations under the state’s Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”)....more

Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

by Pierce Atwood LLP on

In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the...more

Comment Period Approaching on State Board Regulatory Program for Discharge of Dredge and Fill Material

by Nossaman LLP on

In a prior e-alert, we described the effort of the California State Water Resources Control Board (State Board) to develop a new regulatory program for discharge of dredged or fill materials to waters of the state. The...more

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

by Shearman & Sterling LLP on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

DC Circuit Holds FERC Must Analyze Downstream Greenhouse Gas Emissions in Approving Interstate Gas Pipelines

by WilmerHale on

Last week, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), concluding that the Federal Energy Regulatory Commission...more

D.C. Circuit Denies Sierra Club’s Petition Challenging DOE’s Orders Authorizing Exports for the Freeport LNG Terminal

by Hogan Lovells on

On August 15, 2017, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Sierra Club’s petition challenging the United States Department of Energy’s (“DOE”) decision to authorize the...more

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

by Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

Executive Order Set to Expedite Permitting and Authorization of Infrastructure Projects

by Miles & Stockbridge P.C. on

During the campaign and thus far in the current administration, the President has prioritized the modernization of the Nation’s infrastructure and promised a $1 trillion investment plan to help fund that vision. There is rare...more

Awaiting a monumental decision by the President

by Hogan Lovells on

As expected, Secretary of the Interior Ryan Zinke on Thursday delivered his draft report to the President regarding the fate of certain national monuments, as directed by Executive Order No. 13792. Specifically, the President...more

EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder...more

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

by Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

by Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Republicans Challenge Wording of Medicaid Expansion Question on Fall Ballot - Question 2 on...more

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

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