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EIR Improperly Deferred Formulation and Implementation of Mitigation Measures for New Oil and Gas Drilling

The Fifth Circuit Court of Appeal found multiple defects in a Kern County EIR for a proposed ordinance streamlining the permitting process for new oil and gas wells. King and Gardiner Farms, LLC v. County Kern 45 Cal.App.5th...more

Trump Administration Issues Draft Guidance on Greenhouse Gas Emissions Evaluation Under NEPA

The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for...more

Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s Opinion

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

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