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Construction Zoning, Planning & Land Use Environmental

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Framework for Regulatory Reviews: First-Order Conditions for Success

by Bennett Jones LLP on

Balanced Messaging with the Introduction of New Legislation - With the recent tabling of proposed legislation to reform the environmental and regulatory system for major projects, the federal government stated the...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

by Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

White House Releases Final Proposal to Streamline Infrastructure Permitting

by Perkins Coie on

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

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

Trump Administration Seeks to Scale Back Environmental Requirements for Infrastructure Projects

by White & Case LLP on

The Trump Administration is proposing to revise federal environmental requirements and procedures in order to streamline the permitting and approval processes for infrastructure projects....more

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

by Holland & Knight LLP on

• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

by Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

CEQA News You Can Use - Vol. 3, Issue 1

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

by Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Commission on Environmental Quality/Shuqualak, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Shuqualak Lumber Company, Inc., Planer Mill Division (“SLC”) entered into a December 4th Agreed Order (“AO”) addressing alleged violations of an air permit and...more

Awards: Arkansas Department of Environmental Quality Is Accepting Nominations For The "Environmental Stewardship" and "Arkansas...

The Arkansas Department of Environmental Quality (“ADEQ”) announced it is accepting nominations for two environmental awards. The awards are: Environmental Stewardship (“ENVY”) Award...more

White House Proposes to Streamline Environmental Reviews for Infrastructure Projects

by Perkins Coie on

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

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

"Once In, Always In" Policy/Clean Air Act: January 25th U.S. Environmental Protection Agency Memorandum Announcing Withdrawal

The United States Environmental Protection Agency (“EPA”) Assistant Administrator for Air, William L. Wehrum, issued a January 25th Memorandum rescinding the agency’s Clean Air Act “Once In, Always In” policy....more

Natural Resources Agency Launches CEQA Guidelines Rulemaking

The Natural Resources Agency has initiated formal rulemaking for a comprehensive update to the California Environmental Quality Act Guidelines. The proposed CEQA Guidelines amendments are the most comprehensive update...more

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

by Perkins Coie on

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

Storm Water Enforcement: Mississippi Commission on Environmental Quality and Jackson County, Mississippi Solid Waste Management...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See...more

U.S. Supreme Court “Waters of the United States” Ruling May Lead to Confusion and Uncertainty in Waters and Wetlands Regulatory...

The United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the United States” (WOTUS)...more

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

by Steptoe & Johnson PLLC on

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

Title V Air Permit: New Jersey Appellate Court Addresses Whether Modification Required Public Emergency Response Plan

The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more

Contaminated Sediment Sites: U.S. Environmental Protection Agency Sample CWA/CERCLA Memorandum of Understanding

The United States Environmental Protection Agency (“EPA”) has issued a November 21st document related to contaminated sediment sites titled: Sample CWA/CERCLA Memorandum of Understanding for Regions, States, Tribes, and...more

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