News & Analysis as of

Environmental Assessments

EPA Task Force Report to Revitalize the Superfund Program

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more

EPA Task Force Issues Recommendations to Reform Superfund Program

by Morgan Lewis on

The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more

Mid County Parkway Freeway Infrastructure Project Prevails for Second Time - BB&K Attorneys Represent RCTC; Defeat Environmental...

by Best Best & Krieger LLP on

For the second time, a judge has sided with Best Best & Krieger LLP environmental attorneys in a dispute over a freeway infrastructure project in Riverside County. A CEQA challenge to the project was dismissed by a Riverside...more

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

by Bennett Jones LLP on

On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more

D.C. District Court Determines that Dakota Access Environmental Assessment was Inadequate

On June 14, 2017, the District Court for the District of Columbia issued a decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. The Court found that the Army Corps of Engineers (“the Corps”) had not...more

City of Los Angeles Releases Draft Hollywood Community Plan Update

On June 13, 2017, the City of Los Angeles released its new Hollywood Community Plan (“Plan”) draft. The current plan dates back to 1988. In 2012, the City adopted an update to the community plan that was subsequently...more

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more

Fourth District Holds Substantial Evidence Supports City of San Diego’s Rejection of MND and Denial of Minor Residential...

by Miller Starr Regalia on

In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment granting a writ of mandate that set...more

Natural Gas Infrastructure Opponents Appeal Loss in Their Campaign to Invalidate Federal Energy Regulatory Commission's Processes

Despite a series of lopsided losses, natural gas infrastructure opponents continue to probe the Federal Energy Regulatory Commission (FERC) and its infrastructure approval processes for systemic weaknesses. At the end of...more

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

by Downey Brand LLP on

In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

FCC Initiates Close Look at Wireless Infrastructure Deployment and Investment Issues

by Kelley Drye & Warren LLP on

At its April 20, 2017 Open Meeting, the Federal Communications Commission (“Commission” or “FCC”) initiated two proceedings to review ways in which the Commission might alleviate obstacles wireless providers face at the...more

Expert Panel’s Recommendations to Increase the Number, Cost and Timing of Federal Environmental Assessments

On April 5, 2017, the federal environmental assessment (EA) expert panel released its report, Building Common Ground: A New Vision for Impact Assessment in Canada. The report recommends broadening the scope of assessments to...more

A CEAA change

by Dentons on

The Expert Panel mandated by the Minister of Environment and Climate Change to review federal environmental assessment processes has now delivered its report, Building Common Ground: A New Vision for Impact Assessment in...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Type II Actions Will Be Expanded Under NYSDEC’S Proposed Changes To SEQRA Regulations

by Farrell Fritz, P.C. on

The New York State Department of Environmental Conservation (“NYSDEC”) proposed significant changes to the State Environmental Quality Review Act (“SEQRA”) regulations almost 5 years ago. The NYSDEC recently indicated that...more

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

by Bennett Jones LLP on

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

by Holland & Knight LLP on

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

by Holland & Knight LLP on

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

by Alston & Bird on

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?

by McNair Law Firm, P.A. on

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

by Nossaman LLP on

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

by Shearman & Sterling LLP on

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

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