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Environmental Claims Environmental Assessments

(ACOEL) | American College of Environmental...

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more

Integral Consulting Inc.

Considering Environmental Justice in Natural Resource Damage Assessment

January 27, 2022 was the one-year anniversary of President Biden’s announcing his Justice40 program as part of his approach to building environmental justice (EJ) broadly into decision-making.  In December EPA announced it...more

Nossaman LLP

Fifth Circuit Upholds USFWS Approval of Liquified Natural Gas Facility

Nossaman LLP on

On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...more

Farrell Fritz, P.C.

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...

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

Best Best & Krieger LLP

Mid County Parkway Freeway Infrastructure Project Prevails for Second Time - BB&K Attorneys Represent RCTC; Defeat Environmental...

For the second time, a judge has sided with Best Best & Krieger LLP environmental attorneys in a dispute over a freeway infrastructure project in Riverside County. A CEQA challenge to the project was dismissed by a Riverside...more

Robinson+Cole Manufacturing Law Blog

Aerial Emissions Are Not “Disposal” Under CERCLA

Last year, we told you about a district court case in which air emissions from a lead smelter that ultimately settled on the land and in a water body gave rise to liability under the Comprehensive Environmental Response,...more

Pillsbury Winthrop Shaw Pittman LLP

Did EPA Overstep in Applying Soil Vapor Intrusion Guidance to Commercial Buildings?

In April 2013, U.S. EPA’s Office of Solid Waste and Emergency Response issued two guidance documents on soil vapor intrusion. One addresses general soil vapor intrusion issues, while the other is specific to petroleum vapor...more

Miller Starr Regalia

High Court Tackles CEQA Future Baselines In Neighbors For Smart Rail Decision

Miller Starr Regalia on

In a much-anticipated decision filed August 5, 2013, the California Supreme Court held that CEQA requires a lead agency to assess a project’s environmental impacts against an “existing conditions” baseline – and consequently...more

Sheppard Mullin Richter & Hampton LLP

Unusual Circumstances: California Supreme Court Upholds Limited Use of Future Conditions Baseline Under CEQA

On August 5, 2013, the California Supreme Court issued a split decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. The court held that a lead agency may choose to avoid using an...more

Stoel Rives LLP

CEQA Baseline Analysis: Future Conditions Baseline Should Be The Exception Not The Rule When Agency Reviews Environmental Impacts,...

Stoel Rives LLP on

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may...more

Manatt, Phelps & Phillips, LLP

Supreme Court Allows Future Conditions to Be Used as the Baseline Under Limited Circumstances

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013, S202828) __ Cal.4th __(“Neighbors”). What is the baseline against which environmental impacts are measured? There has been...more

Morrison & Foerster LLP

Break Out the Crystal Ball—But Only If You Have the Evidence to Support It: California Supreme Court Affirms Agency Discretion to...

In a highly anticipated decision published today, the California Supreme Court affirmed that the use of a future baseline for analyzing certain environmental impacts is appropriate when supported by substantial evidence. The...more

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