News & Analysis as of

Environmental Assessments

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

by Goulston & Storrs PC on

Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

Federal Government Overhauls Canadian Environmental Legislation

The federal government has, as promised, introduced two new pieces of legislation which together, overhaul the federal environmental assessment (now to be re-named impact assessment) regime in Canada; replace the National...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

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

Modernizing the Superfund Cleanup Program: January 18th U.S. House of Representatives Subcommittee on Environment Hearing...

The Subcommittee on Environment of the United States House Energy and Commerce Committee has scheduled a hearing addressing the federal Comprehensive Environmental Response, Compensation, and Liability Act or Superfund...more

Comprehensive Environmental Response, Compensation and Liability Act/Superfund Award: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) announced in a January 8th news release that it is awarding $71,430 to the Arkansas Department of Environmental Quality (“ADEQ”). The award is stated to be provided...more

SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of...

by Farrell Fritz, P.C. on

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development....more

Court May Order Partial Decertification And Leave Approvals In Place After Finding EIR Legally Inadequate

by Perkins Coie on

In Center for Biological Diversity et al. v. California Department of Fish and Wildlife, 17 Cal. App.5th 1245 (2017) the court of appeal held a court order that requires partial decertification of an Environmental Impact...more

CERCLA/Superfund Sites Targeted for "Immediate/Intense Action": December 21st U.S. House of Representatives Committee on Energy...

The Chairman and two Subcommittee Chairmen from the United States House of Representatives Committee on Energy and Commerce (“Committee”) addressed a December 21st letter to Administrator Scott Pruitt of the United States...more

Forest Service Properly Analyzed Potential Impacts Of Forest Restoration Project On Pine Marten And Fisher Populations

by Perkins Coie on

The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more

CERCLA/Superfund: U.S. Environmental Protection Agency Announces 21 Sites Targeted for "Immediate/Intense Action"

The United States Environmental Protection Agency (“EPA”) issued a December 8th news release identifying 21 sites that it has targeted for what it describes as “immediate and intense action.” No Arkansas sites are found on...more

Arkansas Department of Environmental Quality/Shelby County Health Department Memorandum of Agreement: Crittenden County...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shelby County Health Department-Air Pollution Control Program (“SCHD”) entered into a Memorandum of Agreement (“MOA”) titled: AIR QUALITY MONITORING FOR...more

New regulation on environmental impact assessment (Ukrainian)

by Dentons on

On 23 May 2017 the Parliament adopted the Law of Ukraine “On Environment Impact Assessment” (the Law). ...more

New regulation on environmental impact assessment

by Dentons on

On 23 May 2017 the Parliament adopted the Law of Ukraine “On Environment Impact Assessment” (the Law)....more

The Benefits and Hurdles of Using Drones for Conservation Surveillance

Drone technology has a myriad of conservation and environmental-protection applications. Drones offer quick, easy and cost-effective aerial imaging as well as sensor and monitoring capabilities. Unlike traditional surveying...more

Failure To Identify Preferred Alternative Dooms EIR

by Perkins Coie on

A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...more

Supreme Court Rejects First Nation’s Spiritual Objection to Ski Resort

On November 2, 2017, the Supreme Court of Canada (SCC) ruled in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations) that a decision to approve the Jumbo Glacier Resort did not violate the...more

Podcast Episode 10 - Negotiating for Project Change and the National Environmental Policy Act

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 10, I share some thoughts around negotiating for a change in a project to benefit the utility of the remainder property. I also discuss the...more

Factories Shut Down Across China in Unprecedented Environmental Crackdown

by Latham & Watkins LLP on

In recent months, teams of inspectors from China’s Ministry of Environmental Protection and the Communist Party’s anti-corruption commission have conducted a slew of surprise inspections of various industrial facilities...more

District Court Grants Partial Relief to Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe But Denies Vacatur

On October 11, the U.S. States District Court for the District of Columbia issued its latest ruling on the Dakota Access Pipeline (DAP). The case is Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. US Army Corps of...more

Did I Forget the “Dam” Licence? A Primer on B.C.’s Regulatory Power Over Water Storage Facilities

Should waves of concern wash over British Columbia after the Canadian Centre for Policy Alternatives sent a letter to the B.C. Environmental Assessment Office claiming nearly 60 unlicensed dams were built in northeast B.C. to...more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

The Rise of Vapor Intrusion

We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more

Permit streamlining, NEPA compliance, and an expanded role for CEQ

by Hogan Lovells on

In one of his earliest Executive Orders 13766, January 24, 2017, President Trump laid the groundwork for subsequent actions to help “Expedit[e] Environmental Reviews and Approvals for High Priority Infrastructure Projects.”...more

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a...

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues...more

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