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Zoning, Planning & Land Use Environmental

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Wastewater Enforcement: Arkansas Department of Environmental Quality and Hot Springs, Arkansas Wastewater Treatment Plant Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Westwood Village Sewer Facilities Board (“Board”) entered into an October 23rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water...more

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...more

California Dept. of Fish and Wildlife Increases CEQA Document Filing Fees - Filing Fees for CEQA Notices of Determination Increase...

by Best Best & Krieger LLP on

Effective Jan. 1, filing fees by the California Department of Fish and Wildlife will increase for all CEQA Notices of Determination filed on or after that day, as shown below....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

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

by Best Best & Krieger LLP on

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Plastic Piping Systems Manufacturer...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tubo-FGS, L.L.C., d/b/a Fiber Glass Systems (“Tubo”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air...more

CEQA Remedies Statute Authorizes Writ Partially Decertifying EIR and Leaving Project Approvals In Place

by Miller Starr Regalia on

In a partially published opinion filed December 4, 2017, the Second District Court of Appeal affirmed the trial court’s post-remand judgment and held that CEQA’s remedies statute – Public Resources Code § 21168.9 – allows a...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

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Climate Change and Coastal Adaptation in the Tri-State Area

by Farrell Fritz, P.C. on

Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of climate change. The report, entitled Climate Science Special Report, is of particular concern to Long...more

California Supreme Court Holds Groundwater Pumping Charges Are Not Property-Related Charges Subject to Proposition 218 - Case May...

by Best Best & Krieger LLP on

The California Supreme Court concluded recently that a local water agency’s groundwater pumping charges are not property-related charges subject to the substantive and procedural requirements of California Constitution...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...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

Pennsylvania DEP Issues New Permits Aimed to Further Regulate Methane Emissions from the Natural Gas Industry

by Steptoe & Johnson PLLC on

On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more

Nebraska Approves Route for Keystone Pipeline XL

by King & Spalding on

On November 20, 2017, the Nebraska Public Service Commission (PSC) approved a route for the Keystone XL Pipeline (Pipeline) to pass through Nebraska. Although the approval is a significant milestone for the Pipeline and the...more

Maine DEP Voluntary Response Action Program Releases Updated Guidance

by Pierce Atwood LLP on

The Maine Department of Environmental Protection’s (DEP) Voluntary Response Action Program (VRAP) just provided updated guidance explaining the new application fees and -- perhaps more importantly -- clarifying and updating...more

Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S.: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has released a November 2017 report titled: Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S. (“Supplemental...more

Arkansas Pollution Control and Ecology Commission Regulation 30 (Remedial Action Trust Fund Hazardous Substance Site Priority...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 28th news release stating that the Arkansas Pollution Control and Ecology Commission (“Commission”) will hold a public hearing on December 4th to...more

Asbestos Enforcement: Arkansas Department of Environmental Quality and Jonesboro, Arkansas Construction Firm Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shannon Kee Construction, LLC (“SKC”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...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

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

Office of Great Lakes Moves from DEQ to DNR

by Varnum LLP on

Gov. Rick Snyder recently issued Executive Order 2017-9 which moves the Michigan Office of Great Lakes from the DEQ to the DNR. "Protection and management of the Lakes is critical to our future," said Gov. Snyder....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

Draft Regulations Issued That Could Ban High-Volume Hydraulic Fracturing in the Delaware River Basindrill

by Ballard Spahr LLP on

In draft rules issued last week, the Delaware River Basin Commission (DRBC) proposed to ban high-volume hydraulic fracturing (the practice known as fracking) for the extraction of oil and natural gas in the Delaware River...more

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