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Endangered Species Environmental Impact Report (EIR)

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Downey Brand LLP

First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned...

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On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Holds No-Project Alternative Analysis May Mean More When Conversation is an Option and Reinforces Low Barrier to...

In Save the Hill Group v. City of Livermore et al., the First District Court of Appeal (Div. 5) reversed and remanded the superior court’s decision to uphold the reissued final environmental impact report (RFEIR) for a...more

Foley Hoag LLP - Environmental Law

Sage Grouse Protections Restored; Another Hasty Regulatory Rollback Is Rolled Back.

Last week, Federal District Court Judge B. Lynn Winmill granted a preliminary injunction to various NGOs, barring the Bureau of Land Management from implementing amendments BLM had made in 2019 to protection plans for the...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: United Kindgdom

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A global leader in offshore wind power capacity, the UK has seen rapid expansion in the sector. Government policy and strong investor interest have resulted in robust growth in the development of offshore wind farms in the...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Mexico

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With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Japan

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Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Germany

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A complex and sophisticated planning and approval process does not prevent opponents from raising environmental challenges—even after project approvals are awarded. The German federal government plans to further expand...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Minimum Water Flows/Municipal Water Department: Settlement Agreement Addresses California River/Endangered Species

The City of San Bernardino, California and City of San Bernardino Municipal Water Department (“Water Department”) and the Center for Biological Diversity and San Bernardino Audubon Society (collectively “CBD”) entered into an...more

Holland & Hart LLP

Proposed ESA Revisions—Implications for Energy and Natural Resource Interests

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On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Commercial Trapping of Arkansas Wild Turtles: Center for Biological Diversity References Arkansas Game and Fish Commission Review

The Center for Biological Diversity (“CBD”) in an April 25th news release states that the Arkansas Game and Fish Commission (“Commission”) may consider ending unlimited commercial collection of Arkansas wild freshwater...more

Nossaman LLP

Federal Greater Sage Grouse Conservation Plans Revisited

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The Bureau of Land Management (“BLM”) has announced a 90-day comment period on proposed amendments to six Resource Management Plans (“RMPs”) and associated draft Environmental Impact Statements (“DEISs”) designed to protect...more

Best Best & Krieger LLP

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Nossaman LLP

Trump Administration Reconsiders Greater Sage Grouse Plans

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It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

Pillsbury - Gravel2Gavel Construction & Real...

Fifth Circuit Vacates Preliminary Injunction Premised on Endangerment For Lack of Evidence

On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S....more

Nossaman LLP

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

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On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Perkins Coie

DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental Take

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The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more

Katten Muchin Rosenman LLP

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

Manatt, Phelps & Phillips, LLP

Newhall Ranch Project Dealt Supreme Court Setback - Center for Biological Diversity v. California Department of Fish and Wildlife

The California Supreme Court released its long-awaited opinion in Center for Biological Diversity v. California Department of Fish and Wildlife on Monday, November 30. The case presented issues regarding the adequacy of an...more

Nossaman LLP

California Supreme Court Ponders Fully Protected Species Issues

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On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

K&L Gates LLP

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

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On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

K&L Gates LLP

Greater sage-grouse and land use in the inter-mountain west

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The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Perkins Coie

Federal District Court Strikes Down Eagle Act Rule

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On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

Perkins Coie

Supplement — Curtin’s California Land Use

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This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

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