Environmental Assessments

News & Analysis as of

Post-Midwest: Section 99(2) of the EPA Proves a Powerful Tool

The Ontario Superior Court awarded damages for migration of dry cleaning solvents the defendant corporation spilled between 1960 and 1974 in Huang v Fraser Hillary's Limited, 2017 ONSC 1500 [Huang] under section 99(2) of the...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

Transportation Demand Management Program Takes Effect in SF: How Will Your Project Comply?

On February 7th, the San Francisco Board of Supervisors unanimously approved the implementing ordinance for San Francisco’s Transportation Demand Management (TDM) Program. Pending the Mayor’s approval, the TDM Program will...more

Land Use Matters, Alston & Bird LLP, November/December 2016

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

Federal Court of Appeal Says There is No Duty to Consult on Legislation

Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights? In its recent decision in Canada (Governor General in Council) v. Courtoreille, the Federal...more

Should You Litigate In Court or Arbitrate the Dispute?

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

[Webinar] Stormwater Capture: Issues and Water Supply Opportunity - October 13th, 10:00am PDT

Join Nossaman attorneys for a timely discussion of new laws that are changing the landscape of water resource management. This webinar for CLE credit* will address critical water-related legal topics including applicable...more

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

Using Drones for a Bird’s Eye View of Wildlife

Project applicants and permitting and funding agencies often gather extensive scientific data to support project evaluations under environmental laws such as the National Environmental Policy Act (NEPA) and Endangered Species...more

B.C.’s Updated Climate Action Plan: What You Need to Know, What’s in, and What’s Been Left Out

The B.C. government recently released the much anticipated Climate Leadership Plan (Plan), which updates the 2008 Climate Action Plan (2008 Plan) and responds to the government-appointed Climate Leadership Team’s (Panel) 32...more

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

The Social Cost of Carbon Passes Its First Judicial Test

Earlier this week, the 7th Circuit affirmed the Department of Energy’s new energy efficiency requirements for commercial refrigeration equipment. This is a big deal in its own right, simply because the numbers are really...more

New Alternative for Widening 55 Freeway Reduces Right-of-Way Impacts

For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more

CEQ Instructs Federal Agencies to Consider Climate Change Impacts During NEPA Reviews

On August 2, 2016, the Council on Environmental Quality (CEQ) released a Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National...more

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Climate Change Opinions Don't Help Business; Data Do

We try to stay away from politics on the blog, so we were reluctant to take up the Sierra Club’s recent report concluding that if Donald Trump became president he would be unique among world leaders in his refusal to...more

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG...more

Changed Dam Operations Not Subject to an Environmental Impact Statement Under NEPA

On June 21, 2016, a three-judge panel of the Ninth Circuit denied a petition for review of a decision of the Bonneville Power Administration to proceed with a change in the operation of the Albeni Falls Dam during the winter...more

NY offshore wind leasing advances

The U.S. Bureau of Ocean Energy Management is moving closer to leasing ocean sites offshore New York for commercial offshore wind development. On June 2, 2016, the Department of the Interior and BOEM announced the...more

Ontario Announces Five-Year Climate Change Action Plan

On June 8, 2016, the Ontario government (Government) released a five-year Climate Change Action Plan (Action Plan), which builds on the Government’s Climate Change Strategy released in November 2015, that set the long-term...more

B.C. Increases Potential Fines, Adds Administrative Penalties for Mining Law Violations

Since the 2014 Mount Polley tailings dam breach, the British Columbia government has made numerous changes to its mining regulatory regime. The most recent amendments, some of which came into force late last week,...more

The Great Debate, Part II: Canadian Government Appoints More People to Examine Proposed Trans Mountain Expansion Project

In January 2016, I wrote an article about the commencement of the new federal government’s promised review of its environmental assessment process. Given that the existing process has been an issue that has seriously divided...more

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