News & Analysis as of

Environmental Policies Mitigation

(ACOEL) | American College of Environmental...

Building on the IRA’s Farm Policy Momentum

On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA), historic legislation that for the first time directly addresses climate change mitigation across multiple sectors, including agriculture....more

J.S. Held

Will Derivative Shareholder Litigation Be the New Firing Line for Ensuring Achievement of Corporate Sustainability Goals?

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Mitigating climate change impacts is becoming a critical business priority, and the pressure to achieve corporate sustainability objectives is mounting as investment-focused regulations continue to drive companies toward...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Revised Mitigation Policies

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On May 15, 2023, the U.S. Fish and Wildlife Service (Service) issued two mitigation policies: one titled, “Mitigation Policy,” and another titled “Endangered Species Act Compensatory Mitigation Policy.” The Mitigation Policy...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mitigation Policy/Endangered Species Act: U.S. Fish and Wildlife Service Announces Final Revisions

The United States Fish and Wildlife Service (“Service”) issued a prepublication notice of a policy titled: Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy (“Revised Policy”)...more

Lewis Roca

Bureau of Land Management Updates Its Mitigation Policies

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Late last month, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2021-046 to reinstate both BLM Manual Section (MS-1794) and BLM Handbook (H-1794-1), which restore previously rescinded BLM policies on...more

Nossaman LLP

Template for Mitigation Banking Instruments in California to be Revised

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On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more

Nossaman LLP

NEPA Rules Rewrite: What’s in a Name?

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Changes in Definitions Section May Create Clarity for Agencies, Ammunition for Opponents - This is the first in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the...more

Nossaman LLP

[Webinar] Key CEQA Compliance Considerations for Vehicle Miles Traveled Analyses - August 4th, 11:30 am - 12:30 pm PT

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Please join us on August 4, 2020 from 11:30 a.m. to 12:30 p.m. PT for “Key CEQA Compliance Considerations for Vehicle Miles Traveled Analyses.” This complimentary webinar will examine the California Natural Resources Agency’s...more

Perkins Coie

CEQA Year in Review 2019

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

(ACOEL) | American College of Environmental...

Calling Off the NEPA Hounds – The CEQ’s 2019 Draft Guidance on GHG Emissions

On June 26, 2019, the Council on Environmental Quality (CEQ) published a Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions (84 Fed. Reg. 30097). This new guidance would replace the...more

BCLP

People Over Wind: Still blowing through planning guidance and the High Court

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It has been over 15 months since the CJEU’s ruling in People Over Wind (“POW”) that measures to avoid or reduce harmful effects on a European site should be left out of account at the screening stage of Habitat Regulations...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more

Sheppard Mullin Richter & Hampton LLP

Five Years in the Making: California is One Step Closer to a Comprehensive Update to the CEQA Guidelines

The Governor’s Office of Planning and Research (“OPR”) has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act (“CEQA”) Guidelines. The updated text (“Final Text”)...more

Pierce Atwood LLP

Army Corps Issues Guidance for Dam and Culvert Removal Credits

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The Army Corps of Engineers recently issued a Regulatory Guidance Letter (RGL) that sets out factors that should be considered by district engineers when determining the amount of mitigation credits that may be allowed for...more

Perkins Coie

Trump Administration Withdraws Obama-Era Environmental Mitigation Policies

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Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more

Hogan Lovells

BLM reverses position on "compensatory mitigation"

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On 24 July, 2018, the Bureau of Land Management (BLM) instructed its personnel that the agency lacks authority to require monetary payments and other forms of compensatory mitigation as a condition of obtaining authorization...more

Nossaman LLP

Environmental Law Conference to Provide Updates On Current and Developing Issues Practitioners Will Need to Know in 2018

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On February 9, 2018, Nossaman veteran Environmental Law attorney Steven Quarles will be serving as a member of the faculty for the American Law Institute (ALI) CLE program, Environmental Law 2018. The full conference, held...more

Nossaman LLP

U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

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The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more

Sheppard Mullin Richter & Hampton LLP

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

Nossaman LLP

U.S. Fish and Wildlife Service Announces Changes to Mitigation Policy

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On November 21, 2016, the U.S. Fish and Wildlife Service (Service) published the final revisions to its Mitigation Policy. The Mitigation Policy, first published in 1981, guides the Service’s recommendations and requirements...more

Foley Hoag LLP - Environmental Law

Coming Soon to a Project Near You: Advance Compensation

Earlier this month, the White House released a Presidential Memorandum on “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” If that portentous title isn’t enough to make...more

Holland & Knight LLP

NEPA Revised Draft Guidance on Consideration of GHG Emissions: Version 2.0 - Proposal Requires Federal Agencies to Assess GHG and...

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Nearly five years after issuing its initial draft, the White House Council on Environmental Quality (CEQ) continues to revise its draft guidance on conducting greenhouse gas (GHG) impact analyses under the National...more

Best Best & Krieger LLP

Mitigate Early and Often: Four Public Agency Strategies for Streamlining Projects

BB&K's Steven Anderson and Lucas Quass Offer Tips for Environmental Mitigation - Like private development, public projects must frequently obtain and comply with a variety of state and federal regulatory permits. Too...more

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