News & Analysis as of

Environmental Impact Report (EIR) Environmental Review

Streamlining Federal Environmental Reviews for Infrastructure Projects: Real Change is Coming

by Clark Hill PLC on

In recent actions, the Trump Administration reinforced its commitment to making significant changes in the way federal environmental reviews and authorizations are managed for infrastructure projects. As discussed in a...more

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

New Presidential and Interior Orders Target Environmental Permitting, NEPA Reviews, and Flood Risk Standards for Infrastructure...

by Beveridge & Diamond PC on

Infrastructure has been a headline topic since before the 2016 election, and perhaps never more so than during the unprecedented storm season. The current Administration, like its predecessors, has pursued means to expedite...more

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major...

On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. The...more

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

by Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

by Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Trump Signs Executive Order to Streamline Environmental Review and Permitting Process for Infrastructure

by Ballard Spahr LLP on

On August 15, President Donald J. Trump signed a second executive order "streamlining" the federal environmental permitting process with a goal of making construction of transportation, water, and other infrastructure...more

Executive Order Aims to Streamline Environmental Permitting of Infrastructure Projects

by Nossaman LLP on

In furtherance of the administration’s broad infrastructure initiative, President Trump on August 15 signed an executive order (EO) entitled “Establishing Discipline and Accountability in the Environmental Review and...more

The Mysterious Case of the Disappearing Type II: Town not Permitted to Reclassify a Type I Action as a Type II Action

by Farrell Fritz, P.C. on

In Miranda Holdings v. Town Board of Town of Orchard Park, ____ N.Y.S. 3d, ____, 2017 WL 2884633 (4th Dept. July 7, 2017), Petitioner, Miranda, proposed a commercial structure that included a restaurant with a drive-through...more

California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for...

by Downey Brand LLP on

Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Court Confirms CEQA Analysis of Zoning Amendments Limited to Reasonably Foreseeable Development

The California Court of Appeal for the Sixth Appellate District recently held, in Aptos Council v. County of Santa Cruz, 10 Cal. App. 5th 266 (2017) that environmental review under the California Environmental Quality Act...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

by Snell & Wilmer on

While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by...more

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

by Latham & Watkins LLP on

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

California Supreme Court Rejects "New Project" Test for Modifications to Previously Approved Projects

by Allen Matkins on

On September 19, 2016, the California Supreme Court issued its long awaited decision in Friends of the College of San Mateo Gardens v. San Mateo Community College District (Case No. S214061). The Supreme Court held that...more

“New and Improved” is Not Always a Good Slogan Under CEQA

by Beveridge & Diamond PC on

Marketing departments in major corporations love to describe products as “new and improved” in order to convince you that the product is something you need. In many cases though, you already have the product; the new and...more

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

by Latham & Watkins LLP on

On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that...more

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

by McDermott Will & Emery on

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year,...more

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting

by King & Spalding on

The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more

Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding...

by Miller Starr Regalia on

In an opinion filed June 12 and ordered published on July 6, 2015, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding a supplemental EIR (“SEIR 564”) for a long-planned expansion of the James A....more

Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

by Stoel Rives LLP on

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not...more

Environmental Review Required for Subdivision Map Approvals

by Nossaman LLP on

On September 9, the Third District Court of Appeal held that tentative subdivision map approvals "always have at least the potential to cause" a direct or indirect physical change in the environment and thus are categorically...more

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