News & Analysis as of

Environmental Zoning, Planning & Land Use

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

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

by Nossaman LLP on

On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Appellate Court Holds That Mandatory Relief is Unavailable Because of Recording Error - Trial Court Ruled on Partial Record After...

by Holland & Knight LLP on

In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., No. B271350 (Cal. Ct. App. 2nd District, April 13, 2017), The Urban Wildlands Group Inc. (Urban Wildlands) filed a petition for writ of mandate and a complaint...more

Mining the Deep Seabed for Renewable Energy

by Stoel Rives LLP on

On Friday the China Minmetals Corporation signed a 15-year contract with the International Seabed Authority (ISA) for exploration of polymetallic nodules on the deep seabed of the Pacific Ocean. The ISA has now executed...more

BB&K Government Relations Team Helps Client Secure Federal Grant for Water Project - Las Virgenes-Triunfo JPA Pure Water Project...

by Best Best & Krieger LLP on

With the assistance of Best Best & Krieger LLP’s Government Relations team, including Senior Director of Governmental Affairs John Freshman in Washington, D.C., a client received almost $500,000 in federal funding for water...more

Greater disclosure obligations for office owners

by Dentons on

Building owners’ obligations under the Building Energy Efficiency Disclosure Act - Currently, before offering to sell or lease office space over 2,000sm, owners must obtain the building’s energy efficiency rating and...more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

by Nossaman LLP on

On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

Higher Temperatures, Rising Water Levels and Preparing for a Sea Change in Real Estate

Climatologists predict that sea levels will continue to rise in the coming years and that temperatures will increase, causing the frequency and intensity of hurricane-like storms to grow. These scenarios present challenges...more

No Surprises Here: First District Applies CEQA Subsequent Review Standards Mandated by Supreme Court on Remand, Again Affirms...

by Miller Starr Regalia on

When all was said and done, it was a case of “same wine, different bottle” for Defendant and Appellant San Mateo Community College District (“District”) after the First District Court of Appeal’s published May 5, 2017...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water - State Water Resources Control Board Held Public...

by Best Best & Krieger LLP on

In preparation for California adopting a maximum contaminant level for 1,2,3-trichloropropane in drinking water, the State Water Resources Control Board staff discussed potential reporting requirements and changes to...more

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

by Holland & Knight LLP on

In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Land Use Matters: A Publication of Alston & Bird's Land Use Group

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

by Nossaman LLP on

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination...more

Baker-Polito Administration Launches Programs for Affordable Access to Clean Energy

The Baker-Polito Administration recently announced a set of six new programs seeking to increase affordable access to clean energy and energy efficiency programs in the Commonwealth. These new programs build upon the efforts...more

District Court Confirms Arbitral Award Against Venezuela In Dispute Over Gold Deposits Contract

by Carlton Fields on

A federal district court in Washington, D.C. recently confirmed a $1.2 billion arbitral award in favor of Crystallex International Corp. against Venezuela after the country’s Ministry of Environment denied a necessary permit...more

A Hodgepodge of Action and Thought on Climate Change

by Burr & Forman on

While the Trump Administration has taken steps to dismantle or revise many of the Obama Administration’s actions regarding climate change, there are conflicting opinions within the Administration and key businesses about the...more

Maine Hazardous Waste Rules Updated for Exempt Solvent-Contaminated Wipes

by Pierce Atwood LLP on

The State of Maine Department of Environmental Protection (MEDEP) just amended its rules to formally include an exemption for “solvent-contaminated wipes,” putting to bed a long-standing question of how solvent-contaminated...more

Trump’s Executive Order Requires Hard Look at National Monument Designations

by Snell & Wilmer on

By executive order, President Trump directed the Department of Interior to review national monuments designated since 1996 under the Antiquities Act of 1906. The Antiquities Act grants the President authority to designate...more

ESA Round-Up – April 2017

by Nossaman LLP on

Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated...more

A Development in Earthquakes and Fracking

by Gray Reed & McGraw on

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

Southern California Environmental Update #3 – April 2017

by Stoel Rives LLP on

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. ...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

First District Holds Sonoma County Vineyard Development (VESCO) Permit was Ministerial Approval Exempt from CEQA

by Miller Starr Regalia on

On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project...more

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