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Zoning, Planning & Land Use Energy & Utilities

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California Environmental Law & Policy Update - October 2017

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District of Southern California approves Delta tunnels project - Sacramento Bee - Oct 10 - Metropolitan Water District of Southern California (MWD) on Tuesday...more

Draft 2018 Assessment Methodology: Arkansas Department of Environmental Quality Solicits Comments

The Arkansas Department of Environmental Quality (“ADEQ”) announced the availability of the Draft 2018 Assessment Methodology (“Methodology”). ADEQ is providing a 30 day public comment....more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

Water Banks: Why You May Need One

Water banks are not new — they have been around a long time. Water banking is a practice used to effectively manage water supplies throughout Western states. Water banking has long been used to solve water issues ranging from...more

California Environmental Law & Policy Update - October 2017

by Allen Matkins on

Environmental and Policy Focus - Court blocks Dept. of Interior’s move to delay Obama-era methane leak rule - The Hill - Oct 4 - On Wednesday a federal court set aside an effort by the Department of the Interior...more

ITC Contemplating New Project in Coldwater

by Clark Hill PLC on

ITC is publicizing its Coldwater Transmission Project in the vicinity of Jonesville, Newton and State Roads going north to south and Fiske Road and Michigan Ave going east to west. ITC’s website identifies new projects...more

ITC Implementing New Capital Project in Ann Arbor Area

by Clark Hill PLC on

I have been contacted by property owners from whom ITC is seeking right of way for a new transmission line project in Ann Arbor and Pittsfield Township ITC’s website identifies new projects that it is contemplating. One...more

Court Rejects BLM’s Efforts to Unbalance the Scales of Justice

On October 4, 2017, Magistrate Judge Elizabeth Laporte granted summary judgment to plaintiffs and vacated the Bureau of Land Management’s notice that it was postponing certain compliance dates contained in the Obama BLM rule...more

American Council for an Energy-Efficient Economy: 2017 State Scorecard (Including Arkansas)

The American Council for an Energy-Efficient Economy (“ACEEE”) has released the 2017 version of its “State Energy Efficiency Scorecard” (“Scorecard”). With a total of 14.5 out of a maximum available of 50 points, Arkansas...more

Fifth Circuit Denies Due Process-Based Request for Preliminary Injunction Against Intrastate Texas Gas Pipeline

On October 3, in the case of Boerschig v. Trans-Pecos Pipeline, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court’s denial of request for a preliminary injunction to enjoin Texas state condemnation...more

Devastation of Puerto Rico's Power Grid May Offer an Opportunity

by Burr & Forman on

Hurricane Maria left the entire island of Puerto Rico without power. About fifty-five percent of the nation’s transmission towers were destroyed, but about 90 percent of the entire distribution network is out of operation. ...more

EPA Publishes Guidance for State CCR Permitting Programs

by Williams Mullen on

In April, 2015, EPA published in the Federal Register a final rule regulating the management and disposal of coal combustion residuals (CCR), commonly known as coal ash, from coal-fired power plants. Among other things, the...more

California Environmental Law & Policy Update - September 2017 #5

by Allen Matkins on

Environmental and Policy Focus - U.S. and Mexico reach deal to conserve Colorado River water - McClatchy DC - Sep 27 - The United States and Mexico unveiled a nine-year agreement Wednesday to preserve the...more

Clean Water Act Jurisdiction/Waters of the United States: Federal Appellate Court Addresses Wetland Adjacency Exemption

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an August 30th opinion an exception to the United States Corps of Engineers (“Corps”) regulations defining the term Waters of the United States...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

Court Holds Project Construction Constitutes “Mining” on Tribal Lands

by WilmerHale on

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more

What the Frack Is Up With BLM’s Fracking Rule?

Last week, the 10th Circuit Court of Appeals dismissed as prudentially unripe appeals of last year’s District Court decision striking down BLM’s 2015 fracking rule. The District Court ruled that BLM had no authority to issue...more

Examination of Vegetation Management Requirements for Electricity Assets Located on Federal Lands: September 19th U.S. Senate...

The United States Senate Committee on Energy and Natural Resources held a hearing titled - To Examine Vegetation Management Requirements for Electricity Assets Located on Federal Lands - The hearing was also scheduled...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Recent Federal Actions to Streamline the NEPA Process

by Stoel Rives LLP on

There has been a string of actions in the past few weeks addressing the federal government’s policy goal of streamlining the NEPA review process. Although a number of actions have been taken, it presently boils down to this:...more

The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. ...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

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