Zoning, Planning & Land Use Environmental

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

Rusty Patched Bumble Bee Joins List of Endangered Species Despite Delay

On January 11, 2017, the U.S. Fish and Wildlife Service (Service) published a final rule listing the rusty patched bumble bee (Bombus affinis) as endangered under the Endangered Species Act (ESA). The rusty patched bumble...more

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage...more

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

Should Congress End Agency Deference?

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

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

Ballot Box Alternatives To CEQA And Land Use Litigation: Recent Developments In The Law Of Initiatives And Referenda

Land use litigators know that CEQA provides a potent weapon to challenge local government decisions affecting land use and development. It is often easy to plead a CEQA claim challenging such decisions, and CEQA will...more

Changing Tide for Obama-era Water Rule

On February 28, 2017, President Trump signed an Executive Order (EO) directing the withdrawal of the controversial Waters of the United States (WOTUS) Rule. The Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

State Water Board Releases Draft Emergency Regulation Setting Fees For SGMA Intervention

In a new regulatory step under the Sustainable Groundwater Management Act, the State Water Resources Control Board released a draft emergency regulation that sets fees for state intervention activities. Comments are due by...more

CLF Takes Its MHP Fight Across the Fort Point Channel

Last week we wrote about the Conservation Law Foundation filing suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront District...more

Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that...more

D.C. Circuit Reinstates Gray Wolf Delisting in Wyoming

On March 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld a final rule delisting the gray wolf in Wyoming under the Endangered Species Act (ESA). Defenders of Wildlife v. Zinke, No. 14-5300 (D.C....more

Sweeping Climate Change Resolution Adopted by California State Water Board

The State Water Resources Control Board this week adopted a resolution containing a comprehensive set of climate change mitigation and adaptation actions to be applied across all actions by the Board and its regional boards....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

Be Prepared for California’s Environmental Rules: Regulated Cannabis Brings Forth New Water Use Guidelines

Some estimates indicate that up to 70% of marijuana used in the United States comes from California. With the recent passage of Proposition 64, California cannabis production is likely to increase, and the state’s...more

Land Use Matters, Alston & Bird LLP, March 2017

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

The Dusky Gopher Frog Lives to Fight Another Day: Fifth Circuit Denies Rehearing

On February 13, 2017, the U.S. Court of Appeals for the Fifth Circuit denied Defendants’ Petition for Rehearing En Banc in the case titled Markle Interests, L.L.C., et al. v. U.S. Fish and Wildlife Service, et al. The...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

The Executive Order on the WOTUS Rule: Will It Really Reduce Regulatory Uncertainty?

March 2nd, 2017, President Trump issued another executive order on the environment, this time directing EPA to revisit the EPA rule defining Waters of the United States under the Clean Water Act. It’s a curious order, for a...more

President Trump Orders Reexamination of Controversial Federal Power Grab Under Clean Water Act

The Clean Water Act, passed in 1972, allows the EPA and the Army Corp of Engineers to regulate many activities, including development and agriculture, to the extent these activities impact Waters of the United States. Such...more

Senate Confirms Secretary of the Interior Ryan Zinke

On March 1, 2017, the Senate confirmed Rep. Ryan Zinke (R-Mont.) as Secretary of the Interior in a 68-31 bipartisan vote. He was sworn into the Cabinet later that day by Vice President Mike Pence. Zinke was able to attract...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

3,627 Results
|
View per page
Page: of 146
Cybersecurity

Follow Zoning, Planning & Land Use Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×