Zoning, Planning & Land Use Energy & Utilities

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California Environmental Law & Policy Update - March 2017 #3

Environmental and Policy Focus - Trump’s budget proposal slashes EPA funding - Washington Post - Mar 16 - President Trump on Thursday released his budget plan for the next fiscal year, which proposes cutting the...more

US auctions North Carolina offshore wind sites

Yesterday the U.S. Bureau of Ocean Energy Management completed a competitive lease sale for renewable wind energy development in federal waters offshore North Carolina. Avangrid Renewables, LLC won the auction-based sale with...more

Fish and Wildlife Service Approves New 30-Year Eagle Act Rule

The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

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

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

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

ITC Macomb-Orchard Trail Subject of Media Attention

ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television. I have discussed my representation of a large ownership group being impacted by ITC’s takings that...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline

Consumers will replace and partially reroute its pipeline in Saginaw, Genesee, and Oakland Counties. Consumers Energy is joining the pipeline party. In the last year, I have represented property owners in pipeline...more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

Impact of New Administration on Natural Resources Development in United States

Anyone who has owned or operated a project involving public lands in the United States knows of the complex jigsaw puzzle of land ownership that defines the landscape of the United States. Jurisdictional governance is divided...more

Oil Transportation and Suction Dredge Mining Legislative Topics in Washington Too

Following up on last week’s post about Oregon legislative proposals, here are some of the mineral-related bills currently pending in the Washington State Legislature...more

Coal Plant Shutdown: Owners and Operators Need Vision – Part I

PDF Version Coal plant owners and operators can make a plant shutdown easier by planning now for the site’s future. This plan, or Vision, can help expedite shutdown efforts, reduce costs, improve relations with the local...more

Los Angeles Regional Water Quality Control Board Approves Second Extension to Malibu Septic Prohibition Deadlines

On February 2, 2017, the Los Angeles Regional Water Quality Control Board (the Regional Board) approved a Revised Memorandum of Understanding (the 2017 MOU) between the City of Malibu (the City), the Regional Board, and the...more

Oroville Dam evacuation and relicensing

A California dam in the midst of a federal relicensing process has experienced flooding and storm-related damage, prompting the evacuation of over 180,000 people. Evacuation orders and a reservoir drawdown represent the most...more

Tidal lagoons - turning the tide

This article was originally published in Building.co.uk, and is reproduced with permission. Charles Hendry, an ex-energy minister, found in his recently published report that tidal lagoons can play a cost effective role in...more

California Environmental Law & Policy Update - February 2017 #2

Environmental and Policy Focus - California extends emergency drought regulations despite heavy rain and snow - Sacramento Bee - Feb 8 - The State Water Resources Control Board (SWRCB) on...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

New Rule Simplifies Evaluation Process for LPG Supply Stations in Mexico

Mexico's Agency for Industrial Security and Environmental Protection in the Hydrocarbons Sector, or Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos (ASEA), issued an...more

Nuevo Acuerdo Simplifica Proceso de Evaluación Ambiental para Estaciones de Gas LP

El pasado 24 de enero, la Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos (ASEA), publicó en el Diario Oficial de la Federación un Acuerdo mediante el cual pretende regular...more

Trump Administration Takes Initial Steps to Implement Repeal of Energy, Environmental Regulations

Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more

Rover Files Pipeline Condemnation in Federal Court

Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan. Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more

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