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Eight Is Not Enough: CEQA Challenge To Eighth Addendum To San Jose International Airport Master Plan EIR Is Rejected By Sixth...

In a decision filed June 6, but not certified for publication until July 2, 2014, the Sixth District Court of Appeal affirmed the trial court’s judgment upholding the City of San Jose’s eighth addendum to its Airport Master...more

CEQA to Give Cities More Control Over Transit Projects

Eric Jaffe’s recent article for The Atlantic’s CityLab website: “Transit Projects Are About to Get Much, Much Easier in California” explains that “California will soon reform traffic analysis under CEQA by replacing ‘level of...more

Texas Railroad Commission Chairman Calls Proposed Denton Fracking Ban ‘Extremely Misguided’; Asks City Council to Reject Measure

On July 11th, Texas Railroad Commission Chairman Barry Smitherman sent a letter to the mayor and city council members for Denton, Texas asking that the council reject a proposal to ban hydraulic fracturing in Denton. Chairman...more

Ground Control to Major Tom: Appeals Court Shuts Down CEQA Challenge to San Jose Airport Master Plan

In Citizens Against Airport Pollution v. City of San Jose, No. H038781 (Cal. Ct. App. 6th Dist., June 6, 2014), Citizens Against Airport Pollution (“CAAP”) appealed the trial court’s ruling that the City of San Jose’s...more

California Environmental Law and Policy Update - June 2014 #3

Environmental and Policy Focus: Long-term money a big boost for California's high-speed rail - Contra Costa Times - Jun 17: Gov. Jerry Brown scored a win for California's $68 billion high-speed rail project by...more

California Environmental Law and Policy Update - June 2014 #2

Environmental and Policy Focus - Kings County lawsuit challenges Fresno-Bakersfield high-speed rail: Fresno Bee - Jun 5: The Kings County Board of Supervisors, the Farm Bureau, and a group of county residents filed...more

California Environmental Law and Policy Update - May 2014

Environmental and Policy Focus - New high-speed train route approved despite 'unavoidable' effects in Valley: The Fresno Bee - May 12: The California High-Speed Rail Authority approved a section of rail line from...more

Texas Environmental Update

Gunnison Sage Grouse Continues Its Wobbly Path Toward Listing Energy Legal Blog, May 14, 2014 - Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act...more

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

Anticipating Washington State’s New Industrial Stormwater General Permit

The Washington Department of Ecology is in the process of renewing the current Industrial Stormwater General Permit (ISGP), which is set to expire on January 1, 2015. Current permit holders will need to reapply for continued...more

California High Speed Rail Authority Gains New Approvals to Move Project Forward: Eminent Domain Proceedings Commenced on Eight...

Despite recent obstacles, the California High Speed Rail Authority (the “Authority”) remains steadfast in its determination to complete the high-speed rail project (the “Project”), bolstered by recent approvals from various...more

California Environmental Law and Policy Update - March 11, 2014

Environmental and Policy Focus - California lawmakers pass $687 billion drought plan -- San Francisco CBS Local - Feb 27: California lawmakers have passed a $687 million plan to provide immediate relief to...more

Court of Appeal Finds Caltrans Omitted Material Necessary to Informed Decision Making by Failing to Include a Threshold of...

In Lotus v. Department of Transportation (2014) 223 Cal.App.4th 645, a California Court of Appeal found that Caltrans omitted material necessary to informed decision-making and informed public-participation when it failed to...more

Texas Environmental Update - February 28, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Ninth Circuit Upholds NEPA and NHPA Analysis for Hawaii High-Speed Rail System

On February 18, 2014, the Ninth Circuit Court of Appeals rejected challenges under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Department of Transportation Act to the...more

The Ninth Circuit Addresses NEPA’s Goldilocks Problem: How Many Alternatives Are Just Enough?

One of the critical elements of NEPA is that project proponents must assess the feasibility and impacts of not only the preferred alternative, but also a range of alternatives. However, there is a tension in NEPA, because it...more

Texas Environmental Update - February 14, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

OPR Mulls Changes in CEQA Traffic Metrics

As previously discussed in this blog, last year’s passage of SB 743 added a requirement in Public Resources Code § 21099(b) that the Governor’s Office of Planning and Research (OPR) develop new CEQA guidelines “for...more

Caltrans EIR Analysis of Impacts to Redwoods Found Inadequate

In Trisha Lee Lotus v. Caltrans (Jan. 30, 2014), the First District Court of Appeal reversed a Humboldt County Superior Court decision, and ruled that a California Department of Transportation (Caltrans) environmental impact...more

State Department Paves Way for Keystone XL Pipeline Approval

On Friday, State Department officials released the final environmental impact statement for TransCanada’s Keystone XL pipeline, concluding that the project would not substantially increase carbon emissions, and clearing the...more

Infrastructure Alert - January 30, 2014

In Tuesday’s State of the Union address, President Obama urged Congress to pass a reauthorization for the Water Resources Development Act. President Obama also called for corporate tax reform as a method to finance...more

California Environmental Law and Policy Update - January 2014

Gov. Brown wants to use cap-and-trade fees to fund high speed rail project - Insurance For Less - Jan 8: Gov. Jerry Brown announced plans to provide new funding for California’s high speed rail project from corporate...more

Governor's Budget Proposal Throws a Life Preserver to the High-Speed Rail Project

On the heels of Sacramento County Superior Court Judge Michael Kenney’s decision halting an $8 billion bond sale for the construction of the California high-speed rail (“HSR”) project, Governor Jerry Brown has submitted a...more

Judge Kenny Rejects Bond Sale to Fund California’s High-Speed Rail Line

Sacramento County Superior Court Judge Michael Kenny overruled a request from the California High-Speed Rail Authority to sell $8 billion of the $10 billion in bonds approved by voters in 2008....more

Major Roadblock in High-Speed Rail Project's Track

A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny...more

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