Zoning, Planning & Land Use Construction Environmental

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Construction of two new 500 kV transmission lines extending from Lincoln County, New Mexico to Pinal County, Arizona

On February 3, 2016, the Arizona Corporation Commission (“Commission”) by a 3-2 vote issued a Certificate of Environmental Compatibility to SunZia Transmission, LLC to construct two new 500 kV transmission lines extending...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

California Supreme Court Shifts Gears on “Reverse CEQA”

The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”)....more

New regulations will oblige owners of buildings in Scotland to improve or report on energy efficiency of buildings

Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be made for: (1) the assessment of the energy performance of existing non-domestic buildings and greenhouse gas emissions from such buildings;...more

A Good Reminder: State and Federal Wildlife Laws Have Severe Penalties for Harm to Endangered Species

Welcome to the New Year! I have decided to declare 2016 to be the year of the endangered species. Why? We ended 2015 with a bang by seeing how serious the take prohibition in the California Fish and Game Code can be for fully...more

Practical Recommendations for Implementing California Supreme Court's Latest CEQA Decision - Court: CEQA Does Not Generally...

In California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), the California Supreme Court held that the California Environmental Quality Act (CEQA) generally does not require...more

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

What Two Recent California Supreme Court Rulings Mean for Analysis of Environmental Impact at Project Sites and Greenhouse Gas...

The California Supreme Court recently issued two important decisions involving the interpretation of the California Environmental Quality Act (CEQA). The first finds that agencies generally are not required to evaluate the...more

Supreme Engagement: CEQA’s Continuing Saga In California’s High Court

A new year often brings fresh perspective. With 2016 still in its infancy, it is natural to reflect back on what has been and also to contemplate what is yet to come. The California Supreme Court’s recent CEQA decisions, and...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more

Maine BEP Provisionally Adopts DEP's Proposed Revisions to Site Law Rules

On October 2, 2015, we reported on the Maine Department of Environmental Protection’s (DEP’s) proposal to revise three chapters of its rules under the Site Location of Development Law (Site Law), the statute under which the...more

Worth the Wait? The California Supreme Court Rules that CEQA Does Not Require An Analysis of the Environment's Impacts on a...

On December 17, 2015, the California Supreme Court issued its long-awaited decision in California Building Industry Association v. Bay Area Air Quality Management District (No. S213478). The sole question before the Court...more

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific...more

Supreme Court to Resolve Split on Court Review of Clean Water Act Jurisdictional Determinations

The U.S. Supreme Court decided last week to review a ruling from the U.S. Court of Appeals for the Eighth Circuit that jurisdictional determinations under the Clean Water Act are final agency actions subject to judicial...more

New Law Streamlines Federal Permitting and Environmental Review Processes

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

Sustainability in Retail: Going Strong and Expected to Continue

The COP21 meeting has been underway for the last week, with just a few more days left to go. The meeting, an annual session which started following the 1992 United Nations Framework on Climate Change, brings together...more

Surface Transportation Reauthorization Bill Looks to Be Moving Forward

We’ve been following the status of highway and transportation funding for quite some time, previously noting that Congress kept kicking the can down the road without agreeing on a long-term solution. Finally, that is no...more

Lost in Translation: Supreme Court Elucidates CEQA GHG Analysis, “Fully Protected” Species Take Prohibition, And Issue Exhaustion...

In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. Center For Biological...more

Take of Fully Protected Fish Stops Large Housing Development Project in LA County

While many of us were busy hitting refresh for those great Cyber Monday deals, the California Supreme Court quietly issued its decision on the Newhall Ranch project. In a decision reminiscent of the snail darter era, the...more

Two for Further Review?

It's that time of year again. Time for "Further Review." By that, I mean it's football season, and almost every week, millions of Americans watch in anticipation as black-and-white-striped NFL arbiters retreat to the...more

California Supreme Court Charts New Course For Climate Change Analysis

Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold. On Monday November 30, 2015, the California Supreme Court...more

Seeking Net Benefits: President Obama Issues New Federal Policy on Addressing and Mitigating Environmental Harm Early in the...

On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more

Affordable Housing Permit Revoked by Massachusetts Appeals Court

In a recent ruling sure to embolden municipalities seeking to block affordable housing projects, the Massachusetts Appeals Court revoked the approval of a Comprehensive Permit issued under the Anti-Snob Zoning Act, G.L....more

Berkeley Hillside CEQA Cat Ex Case Redux: Kapors Get Their Mansion, First District’s Belatedly Published Opinion Upholds City’s...

On remand following a landmark California Supreme Court decision, the First District Court of Appeal filed its opinion affirming the trial court’s judgment on September 23 and later ordered it published on October 15, 2015....more

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