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

Trump and the Oil Patch One Year In

by Gray Reed & McGraw on

Let’s take a look at what President Trump has done for the oil industry in his first year (This is not about decorum, dossiers, tweets, or Oprah’s inauguration.) As in the past I refer to sources whose opinions and insights...more

2018 California Public Agency Laws – Part II - Housing and Land Use, Environment, Public Property/Public Works and Economic...

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

2018 Environmental, Health, and Safety Outlook for Manufacturers

Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more

DOI Reverses Course and Declares Migratory Bird Treaty Act Does Not Prohibit Incidental Take

by Jackson Walker on

In a legal memorandum (the “Jorjani Memo”) issued on December 22, 2017, the U.S. Department of the Interior (“DOI”) concluded that the MBTA’s prohibition of taking migratory birds only applies to intentional take and does not...more

D.C. Circuit Upholds FTA Approval of Purple Line Light Rail Project

by Perkins Coie on

Reversing a district court decision that had delayed work on the $2.4 billion Purple Line light rail transit project in Maryland, the U.S. Court of Appeals for the District of Columbia Circuit has held that the Federal...more

Department Of Interior Declares That Only Deliberate Acts Constitute Take Of Migratory Birds

by Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

State Grants Two Year CEQA Streamlining Extension for “Environmental Leadership Projects”

On October 6, 2017, Governor Brown approved Assembly Bill (AB) 246, extending certain CEQA litigation streamlining provisions under the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (the Act) for...more

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

by Best Best & Krieger LLP on

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

by Nossaman LLP on

In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more

Salt Transloading Facility: Court Addresses Whether Local Ordinance is Preempted by Federal Statute

A United States District Court addressed in a December 7th opinion whether the Interstate Commerce Commission Termination Act (“Act”) preempted a Vermont town’s ordinance regulating a salt transloading facility. See Vermont...more

Putting an End to the Climate Change Debate -- More or Less

by Burr & Forman on

President Trump has promised that his Administration will resolve any continuing debate on climate change. On the front line of the effort, the President’s EPA Administrator, Scott Pruitt, has moved to eliminate climate...more

New Energy Legislation Introduces Tribal Opportunities

by Hogan Lovells on

Historical development on new tribal energy legislation in Congress that will empower tribes to approve rights-of-way, leases, and business agreements with private industry for mineral development on tribal lands. Please...more

Western Governors Determined To Strengthen Relationships Under Trump Administration

by Snell & Wilmer on

The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018. While discussions focused on...more

Year-End CEQA Legislative And Regulatory Roundup – December 2017

by Miller Starr Regalia on

As another year draws near its close, a number of notable recent CEQA developments in both the legislative and regulatory arenas have occurred that bear mention. SB 35 (Wiener), perhaps the “poster child” of the numerous...more

Federal Brownfield Legislation: U.S. House of Representatives Passes Amendments

The U.S. House of Representatives (“House”) on November 30th passed amendments that would address the federal Brownfield program. H.R. 3017 is titled the “Brownfields Enhancement, Economic Redevelopment, and...more

Proposed “Comprehensive Update” to the State CEQA Guidelines Released - California Governor’s Office of Planning and Research...

by Best Best & Krieger LLP on

Following several years of public involvement, the Governor’s Office of Planning and Research has just issued comprehensive Proposed Updates to the CEQA Guidelines. In addition to proposing changes or additions to nearly 30...more

Water/Cadiz Valley Water Conservation, Recovery and Storage Project: Center for Biological Diversity Files Federal District Court...

The Center for Biological Diversity and Center for Food Safety (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Central District of...more

The Power of the Purse, and What That Potentially Means This Holiday Season

by Nossaman LLP on

Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

by Nossaman LLP on

On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Federal Air Legislation: November 14th U.S. Senate Committee on Environment and Public Works Subcommittee Hearing on Targeted Air...

The Subcommittee on Clean Air and Nuclear Safety (“Subcommittee”) of the United States Senate Committee on Environment and Public Works is holding a hearing today on legislation related to air issues. ...more

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019 - AB 746 Imposes Requirements for Water...

by Best Best & Krieger LLP on

Under a new state law, California water providers will need to test for lead in local schools’ drinking water on or before July 1, 2019. The new law, AB 746, imposes certain requirements on both water providers and school...more

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

by Nossaman LLP on

On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more

California Storm Water Bill Signed Into Law

California Senate Bill 231 (Hertzberg) (“SB 231”), signed into law by the Governor on October 6, 2017, is intended to provide local governments with increased flexibility when imposing or increasing property related fees and...more

Trump Administration Reconsiders Greater Sage Grouse Plans

by Nossaman LLP on

It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

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