News & Analysis as of

Environmental Review

Latest Updates To The Central SoMa Plan: What’s New?

On May 10, 2018, the San Francisco Planning Commission voted unanimously to adopt the Central SoMa Plan and its Implementation Program by certifying the EIR and recommending approval of implementing legislation, with...more

CEQA – Today And Tomorrow - Legal Decisions And Pending Guideline Updates Have Effect On The CEQA Review Process Write BB&K...

by Best Best & Krieger LLP on

Changes to the California Environmental Quality Act are on the horizon. According to the Governor’s Office of Planning and Research, the changes “consist of refinements and clarifications of existing requirements.” Several...more

Appellate Court Rejects Challenges to Residential Development in Montebello - BB&K Defends City from CEQA, Brown Act and Planning...

by Best Best & Krieger LLP on

In a decision that allows progress on development of new housing in a time of great need in California, a California appellate court upheld a trial court ruling that had rejected several legal challenges to a residential...more

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

by Best Best & Krieger LLP on

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take Permits

by Perkins Coie on

The U.S. Fish and Wildlife Service issued a guidance memorandum addressing when an incidental take permit may be needed under Section 10(a)(1)(B) of the Endangered Species Act for projects that modify habitat of federally...more

Unresolved Reg 2 Issues and Triennial Review Preview: Raymond E. Wieda, PE (FTN Associates) Arkansas Environmental Federation...

Mr. Raymond E. Wieda, undertook a presentation at the 2018 Arkansas Environmental Federation Water Seminar titled: Unresolved Reg 2 Issues and Triennial Review Preview (“Presentation”) ...more

Chevron Deference Under Attack At State Level

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state’s administrative procedure laws to remove “Chevron Deference,” so that for disputes involving state...more

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

by Best Best & Krieger LLP on

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

Currents - Energy Industry Insights - April 2018 #2

U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...more

Northern Lights Express Proposed Passenger Rail Service Receives Federal Environmental Approval

by Nossaman LLP on

The Northern Lights Express intercity rail proposal, connecting Minneapolis and Duluth, Minnesota with a stop in Superior, Wisconsin, advanced forward following a Finding of No Significant Impact (“FONSI”) from the Federal...more

New Momentum for Federal Infrastructure Initiatives and Regulatory Reform

by Clark Hill PLC on

From the earliest days of the Trump Administration, the White House and new leadership in key federal agencies have pushed to increase the volume and pace of infrastructure projects and eliminate regulatory roadblocks. With...more

Aptos Residents Association vs. County of Santa Cruz: More CEQA Certainty for Vital Wireless Telecommunications Networks

by Newmeyer & Dillion LLP on

On February 5, 2018, the Sixth Appellate District of the California Court of Appeal issued its decision in a case called Aptos Residents Association v. County of Santa Cruz (2018 WL 1069730). The case affirms that wireless...more

FERC Has Options If Court Of Appeals Seeks To Shut Down An Operating Interstate Pipeline

by Pierce Atwood LLP on

Can an interstate natural gas pipeline continue to operate if a court vacates its certificate authorizations? On January 31, 2018, in Sierra Club v. FERC, No. 16-1329 (D.C. Cir.), the United States Court of Appeals for the...more

10-in-10 Infrastructure Series: Federal Agency Efforts to Streamline Permitting

by WilmerHale on

This is the second issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Framework for Regulatory Reviews: First-Order Conditions for Success

by Bennett Jones LLP on

Balanced Messaging with the Introduction of New Legislation - With the recent tabling of proposed legislation to reform the environmental and regulatory system for major projects, the federal government stated the...more

Infrastructure Series: Trump's Infrastructure Plan and the Future of Infrastructure Reform

by WilmerHale on

This is the inaugural issue of WilmerHale's 10-in-10 Infrastructure Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United...more

Federal Infrastructure Outline Released - Details Local Agencies Need are Included

by Best Best & Krieger LLP on

Today, the White House released a legislative outline that, for the first time, provides details on the $1.5 trillion infrastructure package discussed by President Trump in recent weeks. ...more

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

by Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Practical Impacts: changes to Canada's environmental assessment framework

by Dentons on

The Government of Canada introduced Bill C-69 in the House of Commons, proposing changes to how impacts from certain major projects are reviewed. The Bill is the product of a review process that began in January of 2016 to...more

Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity

by Nossaman LLP on

In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more

President Trump Releases Infrastructure Proposal

by Downey Brand LLP on

On Monday, February 12, President Trump formally unveiled his proposed infrastructure package entitled “Legislative Outline for Rebuilding Infrastructure in America.” The proposal outlined the following main goals...more

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

Currents - Energy Industry Insights - February 2018 #3

Trump Budget Seeks 23 Percent Cut at EPA, Eliminating Dozens of Programs - "The fiscal 2019 proposal released marks the Trump administration's latest attempt to shrink the reach of an agency the president once promised to...more

California Issues Initial Implementation Guidance on 2017 Housing Laws - HCD Identifies Jurisdictions Where Local Governments Must...

by Holland & Knight LLP on

• One of the most notable laws in California's package of housing laws passed by the State Legislature and signed by Gov. Jerry Brown in 2017 is SB 35, which requires most local governments to issue housing developers...more

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