On-Demand Webinar | Charting a Course for Offshore Wind Energy in California
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more
The United States House of Representatives Committee on Natural Resources (“Committee”) is holding a hearing today addressing the following legislation: Building United States Infrastructure through Limited Delays and...more
Eighty-nine organizations (collectively “Coalition”)two sent letters, respectively, to United States Senators Merkley and Murkowski, and Congresswoman Pingree and Congressman Joyce urging their support to enable the U.S....more
On December 11, 2019, the California Supreme Court granted review of the Third District’s decision in County of Butte v. Department of Water Resources, dismissing a CEQA challenge to DWR’s relicensing application to the...more
In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional...more
The First District Court of Appeal ruled that CEQA does not constrain an agency’s authority to administer and enforce any other laws, including those authorizing imposition of mitigation requirements. Thus, even after an EIR...more
In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste...more
The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more
Montana federal court judge invalidates permit coverage for Keystone XL pipeline; could stymie projects across country - Bloomberg Law – April 15 - The U.S. District Court for the District of Montana on Wednesday...more
The Council on Environmental Quality (“CEQ”) on January 10th published a Federal Register Notice promulgating for the first time in 40 years revisions to the regulations that implement the National Environmental Policy Act...more
The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more
That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more
The United States Department of Transportation (“DOT”) published an August 23rd Federal Register Notice announcing the availability of two interim policies for public comment. See 84 Fed. Reg. 44351. ...more
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more
The United States Army Corps of Engineers (Memphis District) (“Corps”) published an August 9th Federal Register Notice stating its intent to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement...more
If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more
Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more
On March 1, the U.S. Court of Appeals for the District of Columbia decided National Parks Conservation Assoc. v. Todd T. Simonite, Lieutenant General, et al. The case involves an application to the U.S. Army Corps of...more
Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more
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
The United States Court of Appeals (District of Columbia Circuit) (“Court”) in a December 27th Judgment addressed an appeal of the Federal Energy Regulatory Commission (“FERC”) approval of proposed upgrades to two New England...more
The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a December 18th decision a challenge pursuant to the National Environmental Policy Act (“NEPA”) to the Federal Aviation Administration’s (“FAA”)...more
Effective today, the Federal Highway Administration (“FHWA”), Federal Transit Administration (“FTA”), and Federal Railroad Administration (“FRA”) begin operating with amended regulations to implement the purposes and...more
In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more
The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more