Environmental Review

News & Analysis as of

Panama Canal Expansion Update: October 2014 Milestones

The Panama Canal connects the Atlantic and Pacific Oceans and joins North and South America. It is one of the narrowest waterways in the world, yet thirteen to fourteen thousand ships brave the Panama Canal each year because...more

CEQA Bill to Protect Native American Cultural Resources Creates New Challenges and Opportunities for Project Applicants

On September 25, 2014, Governor Brown signed Assembly Bill 52 ("AB 52"), which modifies the California Environmental Quality Act ("CEQA") to add new protections for Native American cultural resources and enhances the role of...more

Bakken Crude-by-Rail Update: Transloading Projects Dealt a Setback in California

Recently, we covered environmental groups’ increasing array of state-law challenges to midstream and end users of Bakken crude that transport or receive oil by rail. Since then, a California regulator has admitted to...more

If They Could Be All You Wanted: The FCC Gets Serious About Small Cells

Say what you will about inside-the-Beltway leadership vacuums, political gridlock and the indecipherable output from the grey, grinding gears of our government agencies, but once in a while Washington actually gets it right. ...more

CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA

California’s First Appellate District has held that federal law preempts CEQA’s application to the approval of proposed railroad operations. Although this was an issue of first impression for a California appellate court,...more

Ohio EPA Voluntary Action Program Update

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to...more

Environmental Review Required for Subdivision Map Approvals

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

California Environmental Law and Policy Update - September 2014 #2

Environmental and Policy Focus: House GOP bill would speed up environmental reviews: KPCC - Sep 9: As negotiations over compromise drought legislation flounder in Congress, House Republicans are pursuing an alternative...more

California Environmental Law and Policy Update - August 2014 #5

Environmental and Policy Focus: The California Supreme Court further limits the scope of CEQA review for voter-sponsored initiatives: Allen Matkins - Aug 11: Voter-driven initiatives meeting California Elections Code...more

Environmental Impact Analysis Required for Natural Gas Facilities Clarified in Court Decision Denying Residents’ Challenge to...

A New York town’s challenge to the Federal Energy Regulatory Commission’s (FERC) siting authorization for a natural gas pipeline compressor station was rejected by the U.S. Court of Appeals for the D.C. Circuit in Minisink...more

Supreme Court Opens Escape Path From CEQA Via Citizens Initiative – Tuolumne Jobs & Small Business Alliance v. Superior Court

Why it matters: Project proponents may avoid CEQA altogether by gathering sufficient voter signatures and then having the local City Council approve the proposed project, without submitting the measure to a vote of the...more

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more

Decision: Voter-Sponsored Local Land Use Initiatives Not Subject to Environmental Review

The proposed expansion of a Wal-Mart store into a Wal-Mart Supercenter in the City of Tuolumne, Calif. yielded a California Supreme Court decision that says city councils need not comply with CEQA before adopting a...more

Supreme Court Confirms CEQA Exemption for Voter-Sponsored Initiatives

In Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (Supreme Court, Aug. 7, 2014), the California Supreme Court ruled that the California Environmental Quality Act (CEQA) does not apply when a lead...more

The California Supreme Court Further Limits the Scope of CEQA Review for Voter-Sponsored Initiatives in Tuolumne Jobs & Small...

Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to...more

CEQA Alert: California Supreme Court Holds No CEQA Review is Required for Adoption of Voter-Sponsored Initiatives

On August 7, the California Supreme Court filled the last gap in the interpretation of CEQA in the context of land use initiatives. Previously, the courts had determined that (1) CEQA compliance is required for land use...more

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This...more

Will the California Supreme Court Close the Door to a CEQA Exemption the Legislature Has Refused to Close?

The California Supreme Court recently heard oral argument in Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (case submitted May 28, 2014), a case that gives the Justices the opportunity to determine...more

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

California Environmental Law and Policy Update - June 2014

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

Guidance for Managing NEPA-Related Risks and Other Risks in Project Delivery - National Cooperative Highway Research Program...

In This Issue: - AUTHOR'S ACKNOWLEDGMENTS - GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS ..Early Identification and Assessment of Legal Risks ..Methods for Managing Legal Risks ..Legal Risk...more

California Environmental Law and Policy Update - May 2014

Environmental and Policy Focus: U.S. officials cut estimate of recoverable Monterey Shale oil by 96% - Los Angeles Times - May 23: Federal energy authorities have slashed by 96 percent the estimated amount of...more

Federal Appellate Court Upholds Environmental Review of Colorado River Water Delivery Agreement

Ninth Circuit Affirms District Court’s Decision Approving NEPA and Clean Air Act Review of Federal QSA - The U.S. Court of Appeals for the Ninth Circuit has issued its decision on the federal case challenging...more

Spring 2014 CEQA Roundup

It’s that time of year again – business mixers, the Giants in first place in the NL west, the school year winding down, the NBA and NHL playoffs in full swing, coastal whale migrations, California bursting with beautiful...more

Court Upholds Approvals for the Cadiz Valley Water Conservation, Recovery and Storage Project

Trial Court Validates Agreements and Plans for Large Public-Private Water Project and Approves CEQA Review - The Orange County Superior Court last week issued rulings rejecting all six challenges to the environmental...more

61 Results
|
View per page
Page: of 3