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Zoning, Planning & Land Use Administrative Agency Environmental

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

"Waters of the United States"— Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

by Ward and Smith, P.A. on

Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more

Secretary Zinke Orders Review of Sage-grouse Management Plans

by Nossaman LLP on

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both...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

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

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

by DLA Piper on

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

by Latham & Watkins LLP on

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

Two Bureau of Land Management Regulations on Life Support Under President Trump

by Jones Day on

The Trump Administration has signaled its intent to pull the plug on two rules issued by the U.S. Department of Interior's Bureau of Land Management ("BLM") in 2015 and 2016. Legal and legislative developments over the next...more

Should Congress End Agency Deference?

by Snell & Wilmer on

At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in...more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

by Nossaman LLP on

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind...more

Recently Proposed Pollution Notice Rule Struck as Invalid

The Division of Administrative Hearings ("DOAH") recently struck down the Florida Department of Environmental Protection's ("FDEP") proposed Public Notice of Pollution Rule 62-4.161 ("the Rule") in response to a petition...more

U.S. Army Corps of Engineers Issues Regulatory Guidance Letter on Approved Jurisdictional Determinations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional...more

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

First Circuit Affirms US Park Service Designation of Long Wharf Pavilion Area for Public Recreational Use

by Mintz Levin on

On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.” The Court’s ruling in Boston Redevelopment Auth. v. Nat’l Park...more

California Supreme Court Sets New Deferential Standard for Supplemental CEQA Review

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, No. S214061 (Cal. September 19, 2016), the California Supreme Court rejected the “new project” test for determining whether a changed...more

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Snell & Wilmer on

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

by Snell & Wilmer on

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

[Webinar] Implementation of the Sustainable Groundwater Management Act (SGMA) - September 20th, 10:00am PDT

by Nossaman LLP on

Join Nossaman attorneys for a timely discussion of new laws that are changing the landscape of water resource management. This webinar for CLE credit* will cover critical water-related legal topics including implementation...more

A Lumber Mill Biomass CoGen Need Not Consider Other Fuels In Its BACT Analysis. Other Sources Should Be So Lucky.

Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

New Climate Change Guidance for NEPA Reviews

by McDermott Will & Emery on

In the United States, federal agencies that license, permit or finance energy and infrastructure projects must, with some limited exceptions, analyze the environmental impacts of those projects before they approve them,...more

No Doubting Thomases Allowed!

Expert appraisers have testified that the proposed development will not adversely affect values of properties adjacent to this new development. Nevertheless, the testimony does not seem right to you. You remember the Great...more

No Deference to State Settlements Under CERCLA? No Problem!

I will confess that I do enjoy being correct. In 2014, the 9th Circuit Court of Appeals refused to defer to a state agency determination of the procedural and substantive fairness of a CERCLA consent decree. Various parties...more

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