Environmental and Policy Focus - ..Bills to create CEQA courts hinge on funding question: California lawmakers are considering legislation that would assign specialized judges to hear California Environmental...more
A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more
The Maryland Court of Appeals clarified certain standards for toxic tort claims, reversed a judgment in excess of $1 billion in punitive damages, vacated approximately $640,000,000 in compensatory damages, and remanded...more
As groundwater all but disappears in South Florida and the region continues to grow, creating alternative water systems is an urgent issue. A recent Department of Economic Opportunity report calls for a strategy to ensure...more
Originally published on GlobeSt.com, February 25, 2013. In January, the Department of Economic Opportunity issued a report on the state’s business climate. The report called for a statewide strategy to ensure adequate...more
In recent weeks, both the Texas Commission on Environmental Quality (TCEQ) and Texas Railroad Commission (TRRC) have proposed rules that would ease requirements for operators. On February 8, 2013, the TCEQ announced that...more
The first published California Environmental Quality Act case of 2013, Save Cuyama Valley v. County of Santa Barbara, strongly endorsed a lead agency’s authority to use its own, project-specific significance thresholds in an...more
Florida has a long history of wrestling with the competing interests of growth management, economic development and the protection of natural resources. As an attorney practicing land use and environmental law for the past 22...more
The California Supreme Court on February 1, 2007, issued a long-awaited decision concerning assessment of water supplies during California Environmental Quality Act (“CEQA”) review of proposed land-use plans....more
The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more
On January 16, the New Jersey Department of Environmental Protection (NJDEP) published its new guidance on vapor intrusion, including significant changes to the groundwater vapor intrusion screening levels....more
In 2008, the U.S. Environmental Protection Agency (USEPA) began investigating claims of groundwater contamination in private drinking water wells in and around Pavillion, Wyoming....more
This week the Colorado Oil & Gas Conservation Commission conducted three days of public hearings on proposed revisions to its oil and gas well rules to address concerns posed by increased hydraulic fracturing activity....more
On November 21, 2012, the California Court of Appeal (Sixth District) handed down its lengthy and long-awaited ruling in the Santa Maria groundwater litigation, which commenced in 1997. Although it reverses the Judgment on...more
It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more
Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more
In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more
The Alabama Department of Environmental Management (ADEM) has apparently ended its effort to require payment of fees to review groundwater assessments and remediation plans, at least for the time being. Approximately one...more
The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development...more
In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more
In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more
In This Issue: - Michigan Passes Groundwater Well Dispute Statute - Again - EPA Pushes Back on Stormwater Discharges from Logging Roads - Storage Tank Program Undergoes Changes - Sierra Club Ready to Sue on...more
On December 18, 2012, California’s Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) released its long-awaited draft of hydraulic fracturing regulations (Fracking Regulations). The...more
The hectic lame-duck session of the Michigan Legislature has resulted in the resurrection of the state's once-and-future groundwater dispute resolution process. Michigan had originally passed similar legislation in 2003,...more
The Florida groundwater cleanup target level (GCTL) for ammonia may soon become obsolete. At landfills and other waste management facilities, ammonia is frequently detected in groundwater at levels in excess of the GCTL set...more
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