Permits

News & Analysis as of

Army Corps of Engineers Abandons New England General Permit - October 2014

The U.S. Army Corps of Engineers, New England District, has decided to discontinue its plan for a regional general permit for activities within its jurisdiction that would have covered all six New England states. In 2013, the...more

An Update on Recent Oil- and Gas-Related Decisions in Ohio

Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

A Step Toward Expediting California Clean Energy Permits

On Sept. 23, 2014, the California Energy Commission, California Department of Fish and Wildlife, U.S. Bureau of Land Management, and U.S. Fish and Wildlife Service released the Draft Environmental Impact Report/Environmental...more

New Law Expands Local Control Over Massage Industry

Law Revises Legislation Set to Sunset This Year - A new law substantially revises the state’s regulation over the massage industry, including expanding cities’ and counties’ ability to regulate massage therapists and...more

California Cities and Counties Must Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems by Sept. 30,...

Under AB 2188, recently signed by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems....more

New Law Requires Cities and Counties to Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems

Cities and Counties Must Enact New Solar Permitting Ordinances by Sept. 30, 2015 - A new law imposes requirements on cities and counties regarding permitting for small residential rooftop solar energy systems. Under AB...more

California’s New Streamlined #Solar Permitting Law Goes into Effect

Over the weekend, California Governor Jerry Brown signed AB 2188, which is designed to streamline the permitting process for small rooftop solar systems. The new law seeks to give California’s Million Solar Roofs target a...more

District Court Rules Grizzly Bears Trump Montana's Plan to Log Forest Lands to Fund Schools

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended...more

New Kazakhstan Permits and Notifications Law

The provisions that relate to permits and licenses were recently consolidated into one legislative act. In November 2014, the Permits and Notifications Law of 16 May 2014 (the New Law) will take effect in Kazakhstan....more

Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd – more claims against building practitioners?

On 6 August 2014, the Victorian Court of Appeal handed its decision in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165. The decision clarified the operation of limitation periods in...more

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

Environmental Alert: EPA Will Not Require or Enforce Air Permits Solely For GHGs

On July 24, 2014 the U.S. Environmental Protection Agency (EPA) Office of Air and Radiation issued a Memorandum to all EPA Regions regarding the issuance and enforcement of Greenhouse Gas (GHG) related air permits following...more

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

Building Confidence: Consult an Attorney Before Starting the Construction Process

With high-end residential construction again on the rise in Southwest Florida, owners, contractors, subcontractors, design professionals and others should be proactive and mindful of the various statutory requirements and...more

The D.C. Circuit Rejects Challenge to EPA’s Final Guidance on CWA Coal Mining Permits: EPA Action Has to Be Really, Really, Final...

On Friday, the D.C. Circuit reversed Judge Reggie Walton’s decision from 2012 and affirmed EPA’s authority to adopt the “Enhanced Coordination Process” governing coordination with the Army Corps of Engineers in the processing...more

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

Fifth Circuit Holds TCEQ Water Permits Not Proximate Cause of Whooping Crane Deaths, Reverses Ban on Permitting

HOUSTON, July 2, 2014 -- Following briefing and argument by lawyers from Baker Botts and the Texas Office of Solicitor General, on June 30, 2014 the United States Court of Appeals for the Fifth Circuit reversed a district...more

California Environmental Law and Policy Update

Focus: Supreme Court upholds EPA's power to regulate greenhouse gas emissions from large stationary sources – but scolds EPA for overreaching in its regulatory approach - Allen Matkins - Jun 24: On...more

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

EPA & SCOTUS on GHG: EPA’s Proposed Rule on Emissions for Existing Sources Published for Comment & U.S. Supreme Court Makes a...

Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more

U.S. Fish and Wildlife Service Announces First Eagle Take Permit for Wind Farm

On June 27, 2014, the U.S. Fish and Wildlife Service (Service) announced the availability of a special take permit for golden eagles for the Shiloh IV Wind Project in Solano County, California, 60 miles east of San Francisco....more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

EPA Appears to Have Green Light to Develop Regulations on Utility Power Plant Greenhouse Gas Emissions

Efforts by the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas emissions just cleared a significant hurdle through a recent U.S. Supreme Court decision, which appears to give the agency a green light to...more

Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

Supreme Court Affirms EPA’s Power To Regulate Carbon Dioxide Under The Clean Air Act

The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits...more

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