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

Hydro license transfers and fitness

U.S. hydropower regulators have approved the transfer of the license for an Idaho hydroelectric process, despite an argument that the transferee is not fit to operate the project. At issue is the Smith Creek Project, No....more

Comments on New Rules for Bald and Golden Eagle Protection due July 5, 2016

On May 6 of this year, the United States Fish and Wildlife Service (FWS) published a proposed rule revising the permitting program under the Bald and Golden Eagle Protection Act (the Act). Public comments on the rule are due...more

President Obama Signs PIPES Act of 2016, Reauthorizing PHMSA and Introducing New Mandates for Oil and Gas Pipeline Programs

On June 22, 2016, President Obama signed a bill reauthorizing the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oil and gas pipeline programs through 2019. Obama’s final stamp on the Protecting our...more

Whitestone hydrokinetic license surrendered

Despite efforts to offer a streamlined regulatory path for some demonstration hydropower projects, earlier this year the holder of a hydrokinetic pilot project license for a project proposed for the Tanana River in Alaska...more

Saving Private Partnerships: Court Upholds P3 Project against CEQA Challenge under Save Tara

A 2008 California Supreme Court decision, Save Tara v. City of West Hollywood, cast doubt on local governments’ ability to enter into agreements with private developers prior to completing project review under the California...more

State Water Board Issues New Proposed Permitting Procedures for Dredge and Fill to Waters of the State

On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft “Procedures for Discharges of Dredged or Fill Materials to Waters of the State” (Draft Permitting Procedures). The...more

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for...more

Federal Wildlife Agencies Release Draft Revisions to Habitat Conservation Planning Handbook

On June 28, 2016, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) released draft revisions to their joint Habitat Conservation Planning Handbook (Handbook).  The proposed revisions are...more

Edgartown's Muskeget tidal project faces questions

A municipal tidal power project proposed for the Massachusetts island of Martha's Vineyard faces federal deadlines if its licensing process is to continue. The Muskeget Channel Tidal Energy Project, proposed by the Town of...more

BOEM Call for Hawaii offshore wind interest

U.S. ocean energy managers have asked for information to evaluate industry interest in leasing sites offshore Hawaii for commercial offshore wind development. Under U.S. law, the Bureau of Ocean Energy Management (BOEM)...more

California Environmental Law & Policy Update - June 2016 #4

Environmental and Policy Focus - PG&E to close Diablo Canyon, California's last nuclear power plant - Los Angeles Times - Jun 21 - Pacific Gas & Electric Co. (PG&E) announced on Tuesday that it plans to close...more

FERC says Nicatous microhydro doesn't need license

Federal energy regulators have ruled that a micro-hydroelectric project proposed by a remote Maine sporting camp does not require licensing under the Federal Power Act. The Nicatous case illustrates one expedited regulatory...more

Canada NEB starts Energy East pipeline review

Canada's National Energy Board has ruled that the applicationsare complete for the Energy East Pipeline Project and a related gas project. This determination starts the NEB's review process, under which the Board must issue...more

Wyoming Court Strikes Down BLM Hydraulic Fracturing Rule; Existing Appeal Remains Pending (For Now)

As we’ve previously reported, a Wyoming federal court issued a preliminary injunction order last year that temporarily halted the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands. ...more

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more

Court Strikes Down BLM Hydraulic Fracturing Rule

US District Court rejects US Bureau of Land Management’s rule regarding hydraulic fracturing operations on federal and Tribal lands. On June 21, 2016, the US District Court for the District of Wyoming (District Court)...more

Sustainable Development Update - June 2016 #4

Report shows industrial sector prioritizes sustainability in design and operations - Concrete Products - Jun 15 A new USGBC report highlights the collaborative efforts across the manufacturing sector to design and...more

US FWS Releases Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan

On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more

BLM Has No Authority To Regulate Fracking, At Least For Now

Yesterday, Judge Scott Skavdahl of the District of Wyoming held that the Bureau of Land Management did not have authority to regulate the environmental impacts of fracking. I think Judge Skavdahl probably got it right, but I...more

USFWS Proposes (Again) To Issue 30-Year Eagle Act Permits

On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule that would amend various aspects of its permitting program under the Bald and Golden Eagle Protection Act (“Eagle Act”). As widely...more

California Proposes Adopting New Permitting Program for Wetlands and Waters of the State

On June 17, 2017, the State Water Resources Control Board (State Board) published proposed amendments to the Ocean Plan and the water quality control plan for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean...more

Fourth District Holds Wal-Mart Victorville Project EIR Violates CEQA; Project Approval Findings Violate Map Act; And Project Is...

In a decision filed May 25, and belatedly ordered published June 15, 2016, the Fourth District Court of Appeal affirmed and reversed in part a judgment of the San Bernardino County Superior Court. It affirmed the judgment to...more

Historic contamination in Romania under sale–purchase agreements

General Context - Historic contamination receives a lot of attention in Romania, particularly in the process of privatizing formerly state owned enterprises. Some of these enterprises are taken over as ongoing...more

June 2016 CEQA Update: Legislative Developments

As summer rapidly approaches, and we continue to experience a (from my perspective welcome) “mini-drought” of published CEQA cases, I’ll briefly report on some recent legislative developments of possible...more

Corps Jurisdiction Determinations Reviewable

The U.S. Supreme Court ruled on May 31 in United States Army Corps of Engineers v. Hawkes Co., Inc. that final decisions by the Army Corps of Engineers (“Corps”) concerning the limits of its jurisdiction under the Clean Water...more

3,364 Results
|
View per page
Page: of 135

Follow Zoning, Planning & Land Use Updates on:

JD Supra Readers' Choice 2016 Awards

"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.
×