The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented...more
4/17/2018
/ 5G Network ,
Cell Towers ,
Deregulation ,
Environmental Assessments ,
FCC ,
Infrastructure ,
Land Use Restrictions ,
NEPA ,
NHPA ,
Statutory Requirements ,
Technology Sector ,
Telecommunications ,
Tribal Lands ,
Wireless Devices ,
Wireless Industry
A Clean Water Act permit is required for discharging wastewater from injection wells into groundwater where wastewater is “fairly traceable” to navigable waters, the U.S. Court of Appeals for the Ninth Circuit held in Hawai’i...more
The Clean Water Act requires a permit to discharge pollutants through pipes, ditches, and channels from an oyster hatchery, even though the facility would not be subject to the Act’s permitting requirements as a “concentrated...more
As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more
4/5/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Delays ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
National Association of Manufacturers v DOD ,
Navigable Waters ,
Preliminary Injunctions ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
A general plan policy that limited the size of retail tenants in certain areas of a city was not likely to cause urban decay and was not inconsistent with other general plan policies encouraging infill development, the court...more
On February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects. The 55-page “Legislative Outline for Rebuilding Infrastructure in America”...more
The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more
2/1/2018
/ Clean Water Act ,
Construction Project ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Review ,
Exclusive Jurisdiction ,
Funding Requirements ,
Infrastructure ,
Judicial Review ,
Land-Use Permits ,
NEPA ,
Section 401 ,
Statute of Limitations
In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more
1/26/2018
/ Appeals ,
Case Consolidation ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Exclusive Jurisdiction ,
National Association of Manufacturers v DOD ,
NPDES ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and...more
12/27/2017
/ CEQA ,
Economic Impact Analysis ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Pesticides ,
Petition for Writ of Mandate ,
Product Labels ,
Regulatory Oversight ,
Regulatory Standards ,
Remand ,
State and Local Government ,
Toxic Chemicals
A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...more
President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more
8/28/2017
/ Clean Water Act ,
Deregulation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Executive Orders ,
Federal Land ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Flood Zones ,
Infrastructure ,
NEPA ,
Permits ,
Revocation ,
Trump Administration
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
The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more
6/30/2017
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
Obama Administration ,
Rapanos v US ,
Rescission ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
A forest products trade association has standing to challenge the critical habitat designation for the northern spotted owl, the U.S. Court of Appeals for the District of Columbia Circuit held in Carpenters Industrial Council...more
In a 4-3 decision, the California Supreme Court ruled that attorney invoices submitted to public agencies are not categorically exempt from disclosure under the California Public Records Act. Los Angeles County Board of...more