Jurisdiction, Environmental Impact Report (EIR)

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on 6/25/2024

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Downey Brand LLP on 9/26/2023

In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

I-630 Widening/National Environmental Policy Act: Eighth Circuit Court of Appeals Addresses U.S. District Court Decision Denying...

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/12/2019

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a December 6th opinion an appeal from a United States Court of the Eastern District of Arkansas (“District Court”) decision that denied...more

Offshore wind projects: Assessing the environmental impact: Australia

White & Case LLP on 4/29/2019

Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/17/2018

The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

Miller Starr Regalia on 6/16/2015

Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more