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Should Infrastructure Project Developers Invoke Streamlined Environmental Review Under FAST-41?

Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) includes measures to streamline environmental reviews for certain infrastructure projects. Congress passed the FAST Act in December 2015, and the Office of...more

California’s New Climate Change Laws Tighten Limits on GHG, Increase Legislative Oversight of CARB

California Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources...more

D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat Concerns

The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more

If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act Permit

On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more

Brave New World: SB 350 Increases CA’s Renewable Energy and Efficiency Goals

California Governor Jerry Brown signed into law Senate Bill 350, the “Clean Energy and Pollution Reduction Act of 2015” on October 7, 2015. SB 350 reflects some of Governor Brown’s bold commitments from his inaugural speech...more

Federal District Court Strikes Down Eagle Act Rule

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

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