Latest Publications

Share:

Ninth Circuit Rejects Challenges to Arizona Highway Project

On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Major Revisions to CEQA Guidelines Proposed - Measuring Transportation Impacts Under CEQA: The Paradigm Shift to Vehicle Miles...

The paradigm shift in the evaluation of the transportation impacts of road and development projects has arrived. The Governor’s Office of Planning and Research (OPR) announced the most comprehensive and far-reaching...more

Court Rejects NEPA, Section 4(f) Challenges to Arizona South Mountain Freeway Project

In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more

[Event] Nossaman's 2016 Environmental and Land Use Seminar - September 13th, Costa Mesa, CA

Join us for our annual Environmental and Land Use Law Update! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including...more

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

California Supreme Court Ponders Greenhouse Gas, Fully Protected Species Issues

The California Supreme Court heard argument on September 2, 2015 in a greenhouse gas (GHG) and fully protected species case with important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

California Supreme Court Ponders Fully Protected Species Issues

On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

California Supreme Court Holds that State Agencies May Not Escape CEQA Mitigation Requirements Based on Failure of the Legislature...

In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more

Ninth Circuit Critical Habitat Decision Casts Shadow On Habitat Conservation Plan “No Surprises” Assurances

In a decision that casts a shadow on the enforceability of contractual assurances in habitat conservation plan (“HCP”) agreements, the U.S. Court of Appeals for the Ninth Circuit rejected various Endangered Species Act...more

California Supreme Court Holds Facial Challenge to Inclusionary Zoning Ordinance Subject to Deferential Standard of Review

In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more

Court of Appeal Decision Extends Lake and Streambed Alteration Program to Water Diversions

In a decision that will have ripple effects on water diversions throughout California, the Court of Appeal held that section 1602 of the Fish and Game Code requires notification to the Department of Fish and Wildlife...more

Equal Access To Justice Act: Why Prevailing On Only 1 Out Of 3 Claims In Oregon Forestry Case Can Still Be Quite Rewarding

Generally, a failure rate of two-thirds would indicate that what you are doing isn't profitable. However, when dealing with environmental law, that clearly isn't the case. In Cascadia Wildlands v. Bureau of Land Management,...more

San Diego MPO's Analysis Of RTP's Greenhouse Gas Emissions Rejected

In a decision with implications for all transportation projects in California, the California Court of Appeal held that the analysis of greenhouse gas emissions from transportation projects in a metropolitan transportation...more

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a...more

EPA Not Required to Consult on Air Quality Regulation Regarding Four Corners Power Plant

On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more

Proposed Critical Habitat Rules Change Reach of the Endangered Species Act

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more

Petition to Delist California Gnatcatcher Filed

Citing new genetic evidence that the coastal California gnatcatcher is not a distinct subspecies as previously claimed, but is part of a single, healthy and abundant species that ranges from Southern California to the...more

Proposed Critical Habitat Rules Expand Reach Of Critical Habitat Protections Under The Endangered Species Act

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed two important new rules (50 CFR Part 402 and 50 CFR Part 424) implementing the critical habitat provisions of the...more

'Urban Decay' Still Plagues Calif. Big-Box Retail Plans

The California Environmental Quality Act has long been a key weapon in the ongoing war over development in California. In the last few years, the front line of the war has shifted to big-box retail projects. Originally...more

City Fails to Adequately Mitigate "Urban Decay" and Energy Impacts of Big Box Retail Project

In the latest decision addressing challenges to "big box" projects under the California Environmental Quality Act ("CEQA"), on February 28, 2014, the California Court of Appeal invalidated the approval of a retail project in...more

California Court Recognizes Conservation Exception To Fully Protected Species Law

On an issue of first impression, a California court has created a judicial exception to the “take” prohibition in the state’s fully protected species statutes. On March 20, 2014, the California Court of Appeal held that the...more

9th Circ. Simplifies Enviro Process For Transit Projects

In a decision of national importance for transit and highway projects, on Feb. 18, 2014, the Ninth Circuit Court of Appeals rejected environmental challenges to the 20-mile Honolulu Rail Transit Project. On the same day, the...more

Major Court of Appeals Decision Allows Construction of $5 Billion Transit Rail Project in Honolulu to Proceed

On the front page of Nossaman's website, we report on the result of decisions by the United States Court of Appeals for the 9th Circuit and the United States District Court for the District of Hawaii that allow the...more

$5 Billion Honolulu Rail Transit Project Gets Green Light

In a decision of national importance for rail transit and highway projects, the Ninth Circuit Court of Appeals rejected NEPA and Section 4(f) challenges to the 20-mile Honolulu Rail Transit Project. HonoluluTraffic.Com v....more

Court Of Appeal Upholds Polar Bear Listing Based On Climate Change Impacts

In a major victory for advocates of regulatory action to address climate change, the Court of Appeals for the District of Columbia Circuit rejected challenges to the listing of the polar bear as a threatened species. ...more

28 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.