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[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
Plans to build the largest new reservoir in California in 50 years have taken a significant step forward following a judge’s decision last Friday to dismiss a lawsuit filed by environmental groups challenging the adequacy of...more
On May 8th, 2024, the Little Hoover Commission released its much-anticipated report, “CEQA: Targeted Reform for California’s Core Environmental Law” putting forth recommendations to improve the functioning of the California...more
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it...more
Last week, Inside EPA (subscription required) reported that the Texas Commission on Environmental Quality has basically informed EPA that EPA may not promulgate guidance on cumulative risk assessments because of questions...more
Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more
The courts issued 16 published CEQA decisions in 2022, continuing a trend of fewer published opinions than the pattern established in earlier years. The only California Supreme Court opinion, County of Butte v. Department of...more
EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13. On December 15, 2022, the US Environmental Protection Agency...more
EPA health advisory for PFAS compounds spurs lawsuit Bullet E&E News - July 14 The U.S. Environmental Protection Agency’s dramatic new health advisory for per- and polyfluoroalkyl substances (PFAS) is facing a lawsuit from a...more
Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more
It is standard practice today for real property purchasers to conduct an Environmental Phase I Environmental Site Assessment (“Phase I ESA”) or otherwise satisfy the All Appropriate Inquiries (“AAI”) requirement “in...more
In compliance with the Climate Roadmap Act, the Massachusetts Environmental Policy Act (MEPA) Office has released the final version of its new regulations and two final protocols regarding new MEPA review procedures to...more
Environmental justice is clearly an idea whose time has – finally – come. The need to find the intersection between the search for racial justice and efforts to save the planet is undeniable. If we get it right, we’ll be at...more
$4.2 million fine upheld for California homeowner’s blocking of beach access - The Mercury News – April 6 - A federal appeals court on Monday upheld a $4.2 million fine against a Malibu homeowner for blocking beach...more
Montage Healdsburg resort faces $6.4 million fine for construction stormwater-related violations - Bullet The Press-Democrat – September 15 - The developer of the Montage Healdsburg hotel in Sonoma County is facing...more
The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California...more
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
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
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
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
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
Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more
EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo - "The new head of the EPA sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to...more
President Trump’s infrastructure plan includes a number of important proposals. My initial reaction is consistent with my view of many of the President’s initiatives – he gives regulatory reform a bad name. We do need to...more
Deregulation was one of the primary promises of President Trump’s campaign, and the administration has been keeping that promise, particularly as it relates to environmental regulations. Rule rollbacks are on a fast track...more
The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) are currently conducting a Midterm Evaluation as part of the 2012 GHG emission standards established for MY 2017-2025...more