Environmental Zoning, Planning & Land Use Transportation

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Court Rejects NEPA, Section 4(f) Challenges to Arizona South Mountain Freeway Project

In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more

California Environmental Law & Policy Update - August 2016 #3

Environmental and Policy Focus - Most California water agencies choose zero as conservation target San Jose Mercury News - Aug 17 - Governor Jerry Brown's administration two months ago dropped all mandatory water...more

Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

California Environmental Law & Policy Update - August 2016

Environmental and Policy Focus - BNSF to appeal ruling blocking California rail yard - Wall Street Journal - Aug 2 - BNSF Railway Co. and the Port of Los Angeles on Tuesday appealed a court ruling against...more

U.S. DOT Unveils Build America Bureau

U.S. Transportation Secretary Anthony Foxx, senior Department staff, and even an official from the White House gathered at U.S. Department of Transportation headquarters on July 20th to celebrate the grand opening of the...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

California Environmental Law & Policy Update - June 2016 #2

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Ontario Releases Official Climate Change Action Plan

The Ontario government has officially released Ontario’s Five Year Climate Change Action Plan 2016-2020. The proposed Climate Change Action Plan was leaked three weeks ago and the officially released version is...more

Sustainable Development Update - June 2016 #2

Sustainable Development Focus - There's a way to invest in a cleaner environment, and the market is booming - Business Insider - Jun 6 - Summer is coming, and green bonds are blooming. Issuers of such bonds...more

Sustainable Development Update - June 2016

Sustainable Development Focus - Solar microgrid to ‘green’ Port of Los Angeles - Microgrid Knowledge - May 30 - The Port of Los Angeles, North America’s largest port, plans to install a $26.6 million solar...more

Oakley to Condemn Century-Old Building for Street Widening Project

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

Preparing for the Future – SCAG Adopts 2016 RTP/SCS

The Southern California Association of Governments (SCAG) is the nation’s largest regional planning agency and is governed by an 86-member Regional Council, made up of elected officials from among the six counties and 191...more

FHWA Proposes Bold Transportation Performance Measures to Reduce Carbon Emissions

Perhaps only by coincidence, on April 22—“Earth Day”—the Federal Highway Administration (“FHWA”) published a Notice of Proposed Rulemaking (“NPRM”) that, for the first time, would set performance measures for greenhouse gas...more

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The...more

Challenge to Ordinance Prohibiting Mobile Medical Marijuana Dispensaries Goes Up in Smoke

Union of Medical Marijuana Patients, Inc. v. City of Upland (3/25/16, D069293) In 2007, the City of Upland banned both fixed and mobile medical marijuana dispensaries from any zone within the City’s limits. Presumably...more

California Environmental Law & Policy Update - March 2016

Environmental and Policy Focus - Marin assemblymember proposes Australian water trading market approach to address drought - Marin Independent Journal - Feb 29 State Assemblymember Marc Levine, D-Marin County, has...more

Corner Briefing: Grant and Loan Opportunities for Infill Projects

This is the first edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates will identify new legal cases, legislative updates, grant opportunities and other...more

Real Estate and Land Use - February 2016

New Draft CEQA Guidelines Evaluating Transportation Impacts—Level of Service No Longer Considered to Be an Environmental Impact - The Governor's Office of Planning and Research (OPR) was mandated by SB 743 in 2013 to...more

Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743

On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft...more

OPR Releases Revised Proposed CEQA Guidelines Amendment To Implement SB 743 Traffic Analysis Mandates

The evolution of CEQA traffic impacts analysis from level of service (LOS) methodology to a vehicle miles traveled (VMT) analysis continues apace. The latest step in this revolutionary paradigm shift was the January 20, 2016...more

Deadlines Are Fast Approaching as Congress Is Already Considering Priorities for Next Water Resources Development Act (WRDA)

Stakeholders interested in U.S. Army Corps of Engineers (USACE) civil works projects, water resources policy, or funding for harbor, inland waterway, and other projects should engage Congress to advance their priorities as...more

Office of Planning and Research Proposes Revisions to State CEQA Guidelines

Comments Sought by Feb. 29 on the Transition from LOS to VMT - The California Office of Planning and Research has issued proposed revisions to the State CEQA Guidelines implementing Senate Bill 743 (2013). SB 743...more

The FAST Act Seeks to Streamline the Environmental Review of Infrastructure Projects

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation (FAST) Act—a five-year, $305-billion transportation authorization and spending bill. The FAST Act largely focuses on funding...more

Environmental Policy Quarterly

Welcome to the Winter 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. This...more

California Environmental Law & Policy Update - January 2016 #2

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

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