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Renewable Energy Developers ? Beware of your Land Options

Four Arrows Investments 68 v Abigail Construction (20470/2014) [2015] ZASCA 121 - In a recent judgment the Supreme Court of Appeal held that any sale of a portion of agricultural land, whether conditional or not, shall...more

Special Budget Edition: North Carolina General Assembly Week in Review

In the early morning hours of September 30, 2015, the House and Senate gave final sign off on the Senate Joint Resolution (SJR) 721, Adjournment Resolution. The resolution ended the “long” session, which began in January of...more

North Carolina General Assembly Week in Review

With the budget finalized and signed by the Governor last Friday, the General Assembly has turned its attention to adjournment. On Wednesday, the Senate Rules Chairman, Sen. Tom Apodaca (R-Henderson) introduced Senate Joint...more

Federal Judge Blocks WOTUS Rule, Michigan Files Separate Suit

The Environmental Protection Agency and Army Corps of Engineers’ “Waters of the United States” Rule (WOTUS) that was supposed to go into effect on August 28, 2015, was blocked when North Dakota U.S. District Judge Ralph...more

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Without Prejudice - Vol 15 No 7, August 2015

According to the Preservation and Development of Agricultural Land Framework Bill of 2014, “agricultural land is the common heritage of all the peo-ple of South Africa and the Department of Agriculture, Forestry, and...more

Court Holds Company Was Penalized Twice for Same Violation

The North Carolina Court of Appeals recently issued an opinion that should help clear up this question: When violations of water quality standards occur because of an unauthorized discharge, may penalties be imposed for both...more

Feinstein Introduces the California Emergency Drought Relief Act

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

N.C. Court Reminds Litigants of Need to Preserve "Status Quo" When Appealing Denial of Preliminary Injunction

Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

Joint Agency Symposium Discusses Role of Electricity Sector in California’s 2030 GHG Reduction Goals

Last week, several state agencies and the California Independent System Operator held a symposium on ways to reduce greenhouse gas (GHG) emissions from electricity generation while maintaining an affordable and reliable...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

May 29, 2015 Legislative Update

Vetoes - Within 24 hours, Governor McCrory has vetoed two bills sent to his desk by the General Assembly. Both bills will now go back to the legislature for each chamber to consider whether they will attempt to override...more

Maui GMO Ban Overturned; Federal Court Remains Consistent on Preemption Analysis

This week, the federal district court in Hawaii struck down a Maui County law imposing a moratorium on the cultivation of genetically engineered organisms (GE plants, or GMOs). This decision is the third of three challenges...more

Canadian Province Finalizes Neonic Reduction Rule

The Canadian province of Ontario has issued its final regulations under the Ontario Pesticides Act aimed at reducing the area planted with maize and soybean seed treated with neonicotinoid insecticides. These changes have...more

California Environmental Law & Policy Update - June 2015 #4

Environmental and Policy Focus - Most water rights holders facing cuts miss state compliance deadline: Los Angeles Times - Jun 22: The majority of California growers, irrigation districts, and others who have been...more

To Curtail Or Not To Curtail…That Is the Question

On June 12, the State Water Board issued a notice of “unavailability of water” and the “need for immediate curtailment” from various water users holding pre-1914 water rights. Less than two weeks later on June 23, lawyers...more

EPA and the Army Corps Issue Final Clean Water Rule, but Does This New “Line in the Water” Clarify, Expand or Narrow Clean Water...

On May 27, 2015, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a final rule (the “Clean Water Rule”) redefining the scope of their shared jurisdiction under...more

California Appellate Court: CDFW Notification Required for Water Diversions

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially...

On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual...more

Special Session: Signed, Sealed and Delivered

The illusive Special Session lived up to its hype. Despite the close proximity of the two temporary chambers in the State Office Building, the bodies were far apart in their desired outcome for the session. After...more

DEQ Announces CAFO Permit Change to Protect Michigan Surface Waters

On May 4, 2015, Michigan's Department of Environmental Quality (DEQ) announced a change to its Concentrated Animal Feeding Operations (CAFO) discharge permits in an effort to better protect the environment and Michigan's...more

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