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CEQA Roundup – Recent Developments

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the...more

Litigation Alert: "Texas Appellate Court Says Pipeline Must Convince Jury of Common Carrier Status in Condemnation Case"

An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more

Crude-by-Rail Update: What to Expect From Recent Crude Oil Derailments

These are uncertain and stressful times for all involved in the transportation of crude oil by rail. Since February 14, two fiery derailments in West Virginia and Ontario have refocused an unwelcome spotlight on the necessity...more

California Environmental Law & Policy Update - February 2015 #2

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

California Environmental Law & Policy Update - February 2015

Environmental and Policy Focus: High-speed rail project runs afoul of kit fox conservation requirements - Fresno Bee - Feb 2: The U.S. Fish and Wildlife Service has declared the California High-Speed Rail...more

California Environmental Law & Policy Update - January 2015 #3

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

California Environmental Law & Policy Update - December 2014 #3

Environmental and Policy Focus - California needs 11 trillion gallons of water to recover from the drought: Los Angeles Times - Jan 17: A series of recent rainstorms helped deposit needed moisture to California,...more

Natural Gas Pipeline Permitting Reform Act

Last week, the U.S. House of Representatives voted to pass a bill to expedite federal review of some spects of proposed natural gas pipelines. Known as H.R. 161, the Natural Gas Pipeline Permitting Reform Act is officially...more

FERC issues EIS for Algonquin Incremental Market gas project

Staff of the Federal Energy Regulatory Commission have issued a final Environmental Impact Statement for a proposed natural gas transmission project connecting New York and New England. In that report, Commission staff found...more

White House Announces Plan to Regulate Methane Emissions from Oil and Gas Sector

On January 14, the Obama administration announced plans to reduce methane emissions from new and modified oil and gas operations as part of the president’s strategy to address climate change. The plan does not, however,...more

Crude-by-Rail Update: Municipalities in the Bakken Push Back Against Increasing Train Traffic

Throughout the 19th and early 20th centuries, towns in the western United States grew and thrived around the railroad. In fact, the railroad tracks often became a central geographic feature within towns, birthing the...more

Transportation Conformity Form Over Substance

A few determined environmental advocates have attempted for years to use the Clean Air Act’s strict transportation conformity rules to tie up planned highway improvements. For the most part, courts have rebuffed those...more

San Diego MPO's Analysis Of RTP's Greenhouse Gas Emissions Rejected

In a decision with implications for all transportation projects in California, the California Court of Appeal held that the analysis of greenhouse gas emissions from transportation projects in a metropolitan transportation...more

Keystone Pipeline May Be First Clash between President and New Congress

So the new Congress has been sworn in back in Washington, and the nation gears up for the first big clash between the Republican-controlled Congress and President Obama.  What will the first major battle be:  health care;...more

California Environmental Law and Policy Update - December 2014

Environmental and Policy Focus: State court may tighten review process for building super-sized homes - SFGate.com - Dec 8: In a case that could redefine the scope of California’s environmental laws, the state Supreme...more

California Environmental Law and Policy Update - December 2014 #2

Environmental and Policy Focus - California drought-relief bill passes House: SFGate.com - Dec 9: On December 9, the House approved a bill designed to give state and federal agencies authority to move more water in...more

Fourth District’s Split Decision Further Complicates CEQA Requirements Surrounding GHG Impact Analysis and Mitigation Measures –...

Cleveland National Forest Foundation v. San Diego Association of Governments (11/24/14, D063288) - In a split decision on November 24, 2014, the Fourth District California Court of Appeal invalidated the program EIR...more

US Presidential Permits for cross-border infrastructure

As the U.S.'s international trade in energy grows, so too has interest in the process for securing a federally required approval known as a Presidential Permit. The construction, operation, and maintenance of...more

Analysis Of GHGs Under CEQA Just Got More Complex: Fourth District’s Split Decision Invalidates Program EIR For SANDAG’s 2050...

In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San...more

California Environmental Law and Policy Update - November 2014 #2

Environmental and Policy Focus - Heat, drought worsen smog in California, stalling decades of progress: Los Angeles Times - Nov 10: Heat and extreme drought have worsened smog in California over the last year, stalling...more

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

Bakken Crude-by-Rail Update: Transloading Projects Dealt a Setback in California

Recently, we covered environmental groups’ increasing array of state-law challenges to midstream and end users of Bakken crude that transport or receive oil by rail. Since then, a California regulator has admitted to...more

Railroad Commission Chairwoman: “It’s My Job to Give Permits, Not Denton’s”

At a November 6 event, Texas Railroad Commission Chairwoman Christi Craddick unequivocally stated that the Commission would continue to issue drilling permits to operators in Denton, despite the November 4 vote making it the...more

Texas Railroad Commission Adopts Rules for Disposal Wells in Potential High-Risk Seismic Areas

On Tuesday, October 28, 2014, the Texas Railroad Commission unanimously adopted amendments to rules concerning disposal wells in areas that have experienced or are likely to experience seismic activity. As covered by the...more

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