News & Analysis as of

Environmental Litigation Construction Project

Jones Day

Biodiversity Net Gain: A New Requirement for Developments in England to Positively Impact the Environment

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The Situation: On January 17, 2024, mandatory biodiversity net gain ("BNG") regulations took effect, impacting most new developments in England. ...more

Spilman Thomas & Battle, PLLC

Recouping Legal Fees from Companies – Update on Pennsylvania and Environmental Permits

Project owners whose activities are subject to environmental permitting requirements often carry a heavy financial burden in securing and maintaining these permits. For those who also find themselves having to defend a permit...more

Perkins Coie

County Did Not Violate Its Duties Under CEQA By Approving a Project at the Density Agreed to in a Stipulated Judgment

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The court held that the County of Marin did not abdicate its duties under CEQA when it approved a specific project pursuant to a stipulated judgment. Tiburon Open Space Committee v. County of Marin, 78 Cal. App. 5th 700...more

Perkins Coie

Certification of Howard Terminal Project for Streamlined CEQA Review Under AB 734 Was Not Subject to AB 900 Deadlines

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A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental...more

Bradley Arant Boult Cummings LLP

Contract Language Matters, Even to Uncle Sam - Construction and Procurement Law News, Q1 2021

No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not...more

Nossaman LLP

On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know

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In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in the United Arab Emirates in the energy and legal industries to get his thoughts on the current energy climate. ...more

Farrell Fritz, P.C.

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

Farrell Fritz, P.C. on

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more

Perkins Coie

CEQA Year in Review 2019

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Snell & Wilmer

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

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Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

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