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Transportation Environmental Zoning, Planning & Land Use

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

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

by Best Best & Krieger LLP on

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for...

by Downey Brand LLP on

Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

Car Sharing Act - New Benefits for Car Sharing Offerings in Germany

by White & Case LLP on

Over the last several years, car sharing has become a frequently used supplement to public transportation and an alternative to purchasing a personal vehicle. Car sharing not only provides expanded mobility and flexibility...more

USDOT Seeks Input on Unnecessary Rules and Policies Impeding Transportation Infrastructure Projects

by Perkins Coie on

The U.S. Department of Transportation (USDOT) announced today that it has initiated a review of its existing policies, guidance documents and regulations to identify “unnecessary obstacles to” transportation infrastructure...more

NEPA Victory for Freeway Infrastructure Project in Riverside County - BB&K Team Represents RCTC in Mid County Parkway Project...

by Best Best & Krieger LLP on

Best Best & Krieger LLP environmental attorneys successfully defended a freeway infrastructure project in Riverside County from a series of challenges brought under the National Environmental Policy Act. Partners Michelle...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

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

EPA's WIFIA Program to Provide Credit Assistance for Water Infrastructure Projects - Construction Executive

With the Trump administration in full gear, hopes are high the new president and Congress will enact legislation supporting and expanding investment in U.S. infrastructure. While the two political parties may disagree on the...more

Supreme Court Denies Depublication Requests in CEQA Traffic LOS Impact Case

by Miller Starr Regalia on

On February 15, 2017, the California Supreme Court denied numerous requests for depublication and declined to review on its own motion the decision in East Sacramento Partnership for a Livable City v. City of Sacramento (3d...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

by Holland & Knight LLP on

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

Early Views on the US Energy and Infrastructure Sectors Under a Trump Administration

by Shearman & Sterling LLP on

Energy and infrastructure policy was as at the forefront of the presidential election discussion and has continued to be highlighted as a focus for the Trump administration. Here, we take an early look at how a Trump...more

Appellate Court Rejected EIR That Found Insignificant Traffic Impacts, Despite Consistency With Infill-Promoting General Plan...

by Holland & Knight LLP on

The Court of Appeal of the State of California, Third Appellate District, overturned an Environmental Impact Report (EIR) prepared under the California Environmental Quality Act (CEQA). The appellate court rejected the EIR's...more

EPA Report Addresses Voluntary Strategies for Reducing Air Pollution at U.S. Ports

by Robinson & Cole LLP on

As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more

California Ballot 2016: Los Angeles County Measures A & M

by Lewitt Hackman on

This is the fourth and final blog in our 2016 California Election Guide Series – the first three providing brief synopses of the 17 state-wide ballot initiatives residents will see in November. In this final segment, we will...more

Four New California Cap and Trade Bills Fund Programs

by Best Best & Krieger LLP on

$900 million in appropriations for fiscal year 2016-17 - With California’s cap and trade program suffering from legal challenges, decreasing auction revenue and general criticism of the program’s effectiveness, Gov....more

California Environmental Law & Policy Update - September 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Governor Brown signs into law two landmark climate bills - San Francisco Chronicle - Sep 8 - Gov. Jerry Brown on Thursday signed SB32, the nation’s toughest climate law,...more

Sustainable Development Update - August 2016 #5

by Allen Matkins on

Sustainable Development Focus - More electric cars, more solar power expected as state struggles to reach tough new climate standards - San Jose Mercury News - Aug 28 - Under a landmark bill sent to Governor...more

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

by Nossaman LLP on

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

by Allen Matkins on

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

by Williams Mullen on

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

by Allen Matkins on

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

by Nossaman LLP on

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

by Allen Matkins on

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

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