News & Analysis as of

Environmental Transportation

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

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

Legislative Outline for Rebuilding Infrastructure

by Holland & Knight LLP on

On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more

Sustainable Development Update - February 2018

by Allen Matkins on

Sustainable Development Focus - New state ballot measure would reward people who build rainwater collection systems - The Mercury News - Feb 1 Worried about California’s dry winter? Interested in installing a rainwater...more

Scalpel or Machete? A Look at How the White House Wants to Cut Back the Environmental Permitting Process

In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more

Infrastructure Policy Developments in Year One of the Trump Administration

Despite campaign promises of a $1 trillion infrastructure investment plan during the first 100 days of the Trump administration, no infrastructure bill materialized in 2017. While President Donald Trump continues to state...more

California Energy Legislation Roundup 2017: A Focus on Protecting the Environment and Environmental Justice

by Morgan Lewis on

For energy industry observers, the 2017 California state legislative session produced a few significant bills (concerning extension of the cap and trade program and regulation of criteria air pollutants and toxic air...more

Recently Introduced Bill Takes New Approach to Reach Familiar Goal in California

by Foley & Lardner LLP on

Over the past decade, California has passed sweeping legislation to cut greenhouse emissions in its efforts to slash emissions by 80 percent from 1990 levels by 2050. Phil Ting, a California Assemblymember, hopes his recently...more

First District Holds CEQA Exhaustion Requirements Don’t Apply to Attorney General, Upholds Adequacy of Most of EIR’s Analysis for...

by Miller Starr Regalia on

In a lengthy, partially published opinion filed January 12, 2018, the First District Court of Appeal (Division 3) partly affirmed, but in large part reversed, the trial court’s judgment granting a writ of mandate directing...more

Stormwater Utility Ordinance: U.S. District Court Addresses Whether Assessment Violates Railroad Revitalization and Regulatory...

A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more

Air Enforcement: U.S. Environmental Protection Agency and Haverhill, Massachusetts School Bus Facility Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Coppola Bus, Inc. (“CBI”) entered into a December 12th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Massachusetts Air...more

California Environmental Law & Policy Update - January 2018

by Allen Matkins on

Focus - Trump administration moves to expand oil and gas drilling off U.S. coasts - Los Angeles Times - Jan 4 The Trump administration, inviting a political backlash from coastal state leaders, on Thursday proposed to...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

Mobile Sources (Title II)/Air Enforcement: U.S. Environmental Protection Agency and Curtiss, Wisconsin Refrigeration Transport...

The United States Environmental Protection Agency (“EPA”) and Abbyland Trucking, Inc. (“ATI”) entered into a December 21, 2017, Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Section 203(a)(3)(A)...more

Neste Launches Online Platform For Sustainable Aviation Solutions

On December 21, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced the launch of its online hub focused on sustainable aviation solutions. Decarbonizingaviation.com is an online...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Transportation Company Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and HollyFrontier Transportation LLC (“HT”) entered into a December 8th Combined Complaint and Consent Agreement (“CA”) addressing an alleged violation of Section 311...more

California Continues to Drive Toward Lower NOx Standards for Heavy-Duty Diesels

by Latham & Watkins LLP on

On January 12, 2018, the California Air Resources Board (CARB) will conduct a public workshop regarding CARB staff’s potential amendments to California’s heavy-duty vehicle (HDV) emission warranty requirements. According to...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

The Fall 2017 Unified Federal Regulatory Agenda

The Office of Information and Regulatory Affairs Office of Management and Budget(Administration) has posted the Fall 2017 Agency Statements of Regulatory Priorities, and what follows is a selection of future environmental...more

DC Circuit Reinstates Federal NEPA Review and Approval of Purple Line Transit Project

by Beveridge & Diamond PC on

On December 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a long-awaited ruling upholding the National Environmental Policy Act (NEPA) review for the new light-rail Purple Line in Maryland. As previously...more

Sustainable Development Update - December 2017 #2

by Allen Matkins on

Sustainable Development Focus - ‘Microtransit’ helps cities expand transportation services - Governing - Dec 11 For several years, private companies have tried to fill the last-mile gap in public transit systems by...more

Legal report on electromobility

by DLA Piper on

This report prepared within our DLA Piper Electromobility Team in Poland presents a number of issues concerning the development of electromobility and the applicable legal framework in six European countries: Germany,...more

Ninth Circuit Rejects Challenges to Arizona Highway Project

by Nossaman LLP on

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

Battery Development in the Auto Industry Leads to Electrification of Ships and Planes

by Foley & Lardner LLP on

With the release of the new Tesla semi-truck in November, the public’s attention was captured with the idea of emission-free movement of freight. In the United States, over 70% of freight is carried at some point by truck,...more

Energy Hot Topics at DLA Piper Africa Week (27 November - 1 December)

by DLA Piper on

The energy sector is a key driver of growth and development for the entire African continent. Energy infrastructure and investment is necessary in order to improve quality of life for people across the continent and to...more

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