News & Analysis as of

Infrastructure Environmental Litigation

Allen Matkins

California Environmental Law & Policy Update 4.25.25

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Governor Gavin Newsom is pushing to lay the groundwork for building a $20-billion water tunnel in the Sacramento-San Joaquin River Delta before his term expires, and state water regulators are considering whether to grant a...more

Kramer Levin Naftalis & Frankel LLP

Litigation To Invalidate ‘City of Yes’ Zoning for Housing Opportunity Initiated

A group of seven New York City Council members announced this morning that they, together with other elected officials, civic organizations and individuals, were initiating litigation to challenge the validity of the whole of...more

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more

K&L Gates LLP

D.C. Circuit Vacates PHMSA's LNG-by-Rail Rule

K&L Gates LLP on

On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Fox Rothschild LLP

New York’s Climate Change Superfund Act: What You Need to Know

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On December 26, 2024, New York Governor Kathy Hochul signed into law S02129B, also known as the New York Climate Change Superfund Act (Act). This law is modeled after the federal Comprehensive Environmental Response,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/RCRA: Conservation Law Foundation Alleges Violations by Natural Gas Pipeline System

The Conservation Law Foundation, Inc. filed a citizen suit Complaint in the United States District Court of Massachusetts on November 12th alleging violations by the following: Besides the Conservation Law Foundation, the...more

Nossaman LLP

[Webinar] Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects - October...

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The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using...more

Greenberg Glusker LLP

Yolo County Ruling: First CEQA Process Streamlined Under SB 149

Greenberg Glusker LLP on

California took a significant step in streamlining the California Environmental Quality Act (CEQA) process with the passage of SB 149, a law that allows the California Governor to certify certain infrastructure projects for...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Verrill

Can Building Codes Ban Natural Gas After 9th Circuit Court Declines Rehearing?

Verrill on

The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more

Latham & Watkins LLP

Companies Face Increased Criminal Enforcement Risk From Aging Infrastructure-Related Disasters

Latham & Watkins LLP on

Utilities and energy companies can implement strategies to mitigate risks from more frequent environmental disasters and infrastructure failures. In the early morning of June 11, 2023, a tanker truck carrying gasoline up...more

Verrill

Montana Court Upholds Constitutional Right to Safe Climate

Verrill on

Last week, in Held v. State of Montana, the First Judicial District Court of Lewis and Clark County issued a groundbreaking decision in favor of sixteen youth plaintiffs who challenged a Montana environmental review law that...more

(ACOEL) | American College of Environmental...

The Berkeley Ban Is Not the Only Answer

As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more

Nossaman LLP

On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?

Nossaman LLP on

From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Nossaman LLP

[Webinar] Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead? - September 1st, 1:00 pm -...

Nossaman LLP on

From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Perkins Coie

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

Perkins Coie on

New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Perkins Coie

Escalating Stakes in Battle for Ocean Wind

Perkins Coie on

Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here. However,...more

Foley Hoag LLP - Environmental Law

How To Straighten the Long and Winding Road that We Call NEPA

So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include: • explicit consideration of indirect impacts • renewed...more

Nossaman LLP

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

Nossaman LLP on

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Foley Hoag LLP - Environmental Law

The Test For Injunctive Relief Was Not Developed By a Risk Assessor

Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

Nossaman LLP on

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

King & Spalding

Climate Change Litigation on the Horizon with Trump Environmental Overhaul

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On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

Nossaman LLP on

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal...

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Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more

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