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Volkswagen Settlement Offers Funding For Clean Transportation Upgrades

by McCarter & English, LLP on

Local governments and businesses considering investments in clean transportation projects may find funding opportunities resulting from partial settlements in the Volkswagen “clean diesel” emissions litigation. The U.S....more

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail...

by Downey Brand LLP on

On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably...more

Mid County Parkway Freeway Infrastructure Project Prevails for Second Time - BB&K Attorneys Represent RCTC; Defeat Environmental...

by Best Best & Krieger LLP on

For the second time, a judge has sided with Best Best & Krieger LLP environmental attorneys in a dispute over a freeway infrastructure project in Riverside County. A CEQA challenge to the project was dismissed by a Riverside...more

California Supreme Court Rejects Attorney General's Challenge to SANDAG's Transportation Plan

by Holland & Knight LLP on

The California Supreme Court, in a 6-1 ruling, in Cleveland National Forest Foundation, et al v. San Diego Association of Governments (2017) ___ Cal. 5th __, Supreme Court Case No. 5223603 held that San Diego Association of...more

California Supreme Court Reverses Court of Appeal Decision to Invalidate SANDAG's Regional Transportation Plan EIR for its GHG...

by Allen Matkins on

In Cleveland Nat’l Forest Found. v. San Diego Ass’n of Gov’ts (July 13, 2017), the California Supreme Court reversed the Court of Appeal decision regarding the inadequacy of the greenhouse gas (GHG) emissions impacts analysis...more

California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for...

by Downey Brand LLP on

Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more

Defeating Proposed Common Issues—Lessons from Pro-Sys

by Bennett Jones LLP on

Kalra v Mercedes Benz Canada, 2017 ONSC 3795, is a recent certification decision of the Ontario Superior Court in which Justice Belobaba certified the proposed emissions standards class action seeking damages for diminution...more

NEPA Victory for Freeway Infrastructure Project in Riverside County - BB&K Team Represents RCTC in Mid County Parkway Project...

by Best Best & Krieger LLP on

Best Best & Krieger LLP environmental attorneys successfully defended a freeway infrastructure project in Riverside County from a series of challenges brought under the National Environmental Policy Act. Partners Michelle...more

California State Court Poised to Destabilize Low Carbon Fuel Standard

by Latham & Watkins LLP on

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more

Reliance on 1998 EIR Under CEQA Upheld Based on Substantial Evidence

by Holland & Knight LLP on

In The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, et al., California's First District Court of Appeal is the first appellate court to apply the California Supreme Court's...more

District Court’s NEPA Judgment Vacated In Case Rendered Moot

On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause...more

9th Circuit Rejects NEPA Challenges To Planned 1.9-Mile Underground Light Rail Extension Project in Downtown LA

On December 6, the U.S. Court of Appeals for the Ninth Circuit, in the case of Japanese Village, LLC v. Federal Transit Administration, et al., affirmed the district court’s grant of summary judgement to the government...more

Court Judgment Demands More from the UK Government to Tackle Air Pollution

by Latham & Watkins LLP on

The UK will need to revisit its strategy to improve air quality following a recent court judgment determining that the Government’s existing plans are insufficient. With air pollution reportedly responsible for 9,500...more

Appellate Court Rejected EIR That Found Insignificant Traffic Impacts, Despite Consistency With Infill-Promoting General Plan...

by Holland & Knight LLP on

The Court of Appeal of the State of California, Third Appellate District, overturned an Environmental Impact Report (EIR) prepared under the California Environmental Quality Act (CEQA). The appellate court rejected the EIR's...more

In Indiana, an Absolute Pollution Exclusion May Exclude Absolutely Nothing

by Carlton Fields on

A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

Real Estate and Land Use - February 2016

New Draft CEQA Guidelines Evaluating Transportation Impacts—Level of Service No Longer Considered to Be an Environmental Impact - The Governor's Office of Planning and Research (OPR) was mandated by SB 743 in 2013 to...more

California Environmental Law & Policy Update - February 2016

by Allen Matkins on

Environmental and Policy Focus - California extends mandatory water cuts despite growing snowpack - Sacramento Bee - Feb 2 - California’s drought regulators agreed Tuesday to extend water conservation mandates...more

2nd Circuit case highlights complexities of ballast water regs

by Thompson Coburn LLP on

Effective control of ship-borne, nonindigenous organisms has proved to be a major challenge to the maritime industry, international maritime organizations, national and local governments, environmental organizations, and,...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Land Use Matters: Alston & Bird LLP, October 2015

by Alston & Bird on

At its October 27, 2015, meeting, the Board of Supervisors voted unanimously to create a new dedicated Affordable Housing Program budget unit and approved setting aside $100 million for the creation and operation of both...more

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

by Beveridge & Diamond PC on

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

The D.C. Circuit Sends EPA Back to the Drawing Board to Fix Its Transport Rule Emissions Budgets

The Clean Air Act’s good neighbor provision prohibits upwind states from emitting air pollutants in amounts that will “contribute significantly to nonattainment” of a national ambient air quality standard in a downwind state....more

Kansas Thumbed Its Nose at EPA’s SIP Requirements — How’d That Work Out?

The D.C. Circuit Court of Appeals today rejected Kansas’s challenge to EPA’s disapproval of Kansas’s SIP revisions intended to comply with the Interstate Transport Rule. The Court found that EPA was not arbitrary or...more

Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR...

by Miller Starr Regalia on

On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). Keep Our Mountains...more

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