The Supreme Court of the United States announced on June 24, 2024, that it will review a case that could have major ramifications for the development of U.S. infrastructure projects. In Seven County Infrastructure Coalition...more
California Independent System Operator (CAISO) released its draft 2023-2024 Transmission Plan (the 2023-2024 Plan) on April 1, 2024. As expected, the 2023-2024 Plan incorporates projections for significant new generation of...more
4/9/2024
/ CAISO ,
California ,
California Energy Commission ,
Climate Action Plan ,
Climate Change ,
Energy Sector ,
Environmental Policies ,
Legislative Agendas ,
Offshore Wind ,
Renewable Energy ,
Transmission Grid
The U.S. Bureau of Land Management (BLM) announced on January 17, 2024, the publication of its draft Programmatic Environmental Impact Statement (PEIS) to help streamline and accelerate utility-scale solar energy development...more
The Bureau of Ocean Energy Management (BOEM) published on December 20, 2023, its notice of intent (NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) of reasonably foreseeable impacts of floating offshore...more
On December 6-7, 2022, the Bureau of Ocean Energy Management (BOEM) held its third offshore wind lease sale this year—and the first of its kind for floating wind—bringing in $757.1 million from five lease areas off the...more
The Bureau of Ocean Energy Management (BOEM) issued its Final Sale Notice (FSN) on October 18, 2022, for the first offshore wind energy leases on the west coast of the United States. With the lease sale scheduled for December...more
Governor Gavin Newsom announced a revamped water strategy on August 11, 2022, in response to updated projections that California could witness a 10% reduction in water supply by 2040 due to the accelerated impacts of climate...more
Governor Gavin Newsom signed AB 205 into law on June 30, 2022. This legislative effort significantly expands the California Energy Commission (CEC)’s jurisdiction and encourages the development of new clean energy projects....more
7/18/2022
/ California ,
California Energy Commission ,
Capital Investments ,
CEQA ,
Clean Energy ,
Energy Storage ,
Governor Newsom ,
Infrastructure ,
Solar Energy ,
Transmission Lines ,
Wind Power
In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more
The Bureau of Ocean Energy Management (BOEM) published its Proposed Sale Notice (PSN) on May 31, 2022, for what would be the first ever offshore wind energy leases on the west coast of the United States. The sale would span...more
President Biden signed an executive order (Order) on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by...more
12/17/2021
/ Biden Administration ,
Carbon Emissions ,
Clean Energy ,
Department of Environmental Quality ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Environmental Policies ,
Executive Orders ,
Net Zero ,
Renewable Energy ,
Sustainability
Governor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years. It is the largest climate investment package in the...more
9/30/2021
/ California ,
Climate Change ,
Electric Vehicles ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Offshore Wind ,
Public Utilities Commission ,
Renewable Energy ,
State and Local Government ,
State Budgets ,
Zero-Emission Vehicles
The U.S. Fish and Wildlife Service (Service) issued a proposed rule to revoke the Service’s January 7, 2021, final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the...more
Earlier this month, a report from the American Society of Civil Engineers gave America’s infrastructure an overall grade of C-. The nation’s water infrastructure fell below that average with a C- for drinking water...more
The U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits in U.S. Army Corps of Eng’rs v. Northern Plains...more
The California Public Utilities Commission (CPUC) on June 17, 2020, issued its Decision Adopting Short-Term Actions to Accelerate Microgrid Deployment and Related Resiliency Solutions in California. This decision represents a...more
Land Use and Development Case Summaries (short form) -
1. PLANNING AND ZONING -
CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY,
26 Cal. App. 5th 689 (2018) -
Based on the language and...more
1/29/2019
/ Anti-SLAPP ,
Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
California Coastal Commission ,
CEQA ,
Clean Water Act ,
Coastal Real Estate ,
Density Bonus ,
Discharge of Pollutants ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Exemptions ,
Fully Protected Species ,
General Plan ,
Homeowners ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Land-Use Permits ,
Legislative Agendas ,
Migratory Bird Treaty Act (MBTA) ,
Mitigated Negative Declaration ,
New Legislation ,
Property Owners ,
Real Estate Development ,
Referendums ,
Regulatory Takings ,
School Districts ,
State and Local Government ,
Subdivision Map Act ,
Sustainability ,
Traffic Impact Assessments ,
Urban Planning & Development ,
Waters of the United States ,
Wetlands ,
Zoning Laws
A federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the...more
The California Department of Fish and Wildlife and the California attorney general have jointly issued an advisory regarding California’s state law protections for migratory birds. The three-page advisory affirms that...more
In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species Act (ESA) ,
Judicial Review ,
Private Property ,
SCOTUS ,
Statutory Interpretation ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) published three proposed rules last week that would revise the regulations implementing portions of the...more
The Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that...more
On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...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