News & Analysis as of

Mitigation

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

Volkswagen Settlement/Arkansas Mitigation Plan: Stuart Spencer (Arkansas Department of Environmental Quality) Arkansas Bar...

Stuart Spencer of the Arkansas Department of Environmental Quality (“ADEQ”) undertook a presentation at the March meeting of the Arkansas Bar Association Environmental Law Section titled: Volkswagen Settlement –...more

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

White Oak Bayou Watershed/Service Areas: U.S. Army Corps of Engineers (Little Rock District) Public Notices Exclusion Decision

The United States Army Corps of Engineers (“Corps”) Little Rock District issued a March 25th public notice addressing the White Oak Bayou Watershed. The White Oak Bayou Watershed is located in Pulaski County, Arkansas....more

Bryan Cave Leighton Paisner

Resolving Agent of Change issues in planning: As easy as noise easements?

by Bryan Cave Leighton Paisner on

This blog examines the complexities of Agent of Change cases from our experience acting for developers and venues alike and, in particular, considers the concept and use of noise easements to resolve and manage noise issues...more

Rosenberg Martin Greenberg LLP

What are some of the monetary penalties and other consequences of failing to properly report my foreign real estate and other...

Depending upon how foreign real estate is owned and/or controlled, a number of different tax reporting regimes may be implicated.  Each of these has its own corresponding penalties and generally applies to United States...more

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

New Regulatory Guidance for Mitigation Banks: U.S. Army Corps of Engineers Issues Regulatory Guidance Letter 19-01

The United States Army Corps of Engineers (“Corps”) Headquarters issued a new Regulatory Guidance Letter (“RGL”) addressing wetland mitigation banks....more

Latham & Watkins LLP

California Supreme Court Clarifies Standards for Judicial Review and Air Quality Analyses

by Latham & Watkins LLP on

The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more

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

Wetland Mitigation Bank: U.S. Army Corps of Engineers (Little Rock District) Public Notices Proposed Arkansas Department of...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a February 28th Public Notice regarding the proposed Ink Bayou Mitigation Bank (“Bank”). The Public Notice describes a prospectus for a Bank...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more

Moore & Van Allen PLLC

The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence

by Moore & Van Allen PLLC on

Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Sheppard Mullin Richter & Hampton LLP

Five Years in the Making: California is One Step Closer to a Comprehensive Update to the CEQA Guidelines

The Governor’s Office of Planning and Research (“OPR”) has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act (“CEQA”) Guidelines. The updated text (“Final Text”)...more

Pierce Atwood LLP

Army Corps Issues Guidance for Dam and Culvert Removal Credits

by Pierce Atwood LLP on

The Army Corps of Engineers recently issued a Regulatory Guidance Letter (RGL) that sets out factors that should be considered by district engineers when determining the amount of mitigation credits that may be allowed for...more

Patton Sullivan Brodehl LLP

Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?

Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable for...more

PilieroMazza PLLC

Worried About an Organizational Conflict of Interest? It's Time to Mitigate!

by PilieroMazza PLLC on

The phrase organizational conflict of interest (“OCI”) may result in uncertainty and even anxiety for many government contractors. A contractor may be unsure as to whether it may have an OCI if it submits a proposal for or is...more

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

Is a Wetland Mitigation Project Permitted in an Area Zoned "Agricultural Residential"?: New Jersey Appellate Court Opinion

A New Jersey appellate court addressed in a July 31st opinion whether a wetlands mitigation project is permitted in an agricultural residential zone. See Baduini v. Land Use Bd. Of Independence Township Docket No.,...more

Perkins Coie

Trump Administration Withdraws Obama-Era Environmental Mitigation Policies

by Perkins Coie on

Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more

Hogan Lovells

BLM reverses position on "compensatory mitigation"

by Hogan Lovells on

On 24 July, 2018, the Bureau of Land Management (BLM) instructed its personnel that the agency lacks authority to require monetary payments and other forms of compensatory mitigation as a condition of obtaining authorization...more

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

Soil Excavation/Borrow Material: Federal Appellate Court Addresses Challenge to U.S. Corps of Engineers Mitigation Requirements

The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in a July 11th opinion a challenge to mitigation requirements imposed by the United States Corps of Engineers (“Corps”) as a condition for...more

Miller Starr Regalia

Filtering The CEQA Noise: First District Upholds Santa Rosa’s Negative Declaration For “Dream Center” Youth Housing Project, Holds...

by Miller Starr Regalia on

A development project’s potential noise impacts can implicate complex and technical issues under CEQA, particularly where those impacts are asserted, in litigation by project opponents challenging a negative declaration, as...more

Downey Brand LLP

Second Appellate District Rejects Challenge to EIR Alternatives Analysis for West Hollywood Redevelopment Project

by Downey Brand LLP on

On December 22, the Second Appellate District certified for publication its November 30 opinion in Los Angeles Conservancy v. City of West Hollywood, concerning a proposed mixed-use redevelopment of the “Melrose Triangle”...more

Nossaman LLP

Environmental Law Conference to Provide Updates On Current and Developing Issues Practitioners Will Need to Know in 2018

by Nossaman LLP on

On February 9, 2018, Nossaman veteran Environmental Law attorney Steven Quarles will be serving as a member of the faculty for the American Law Institute (ALI) CLE program, Environmental Law 2018. The full conference, held...more

Holland & Knight LLP

Defense Security Service Puts Phone Log Requirement on Hold

by Holland & Knight LLP on

The Defense Security Service (DSS) on Nov. 8, 2017, issued a Memorandum for Cleared Companies Operating Under Foreign Ownership, Control or Influence Mitigation Agreements Administered by the Defense Security Service. The new...more

Nossaman LLP

U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

by Nossaman LLP on

The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more

Jones Day

Looking Beyond the Recent CFIUS Annual Report

by Jones Day on

The Situation: CFIUS recently released its annual report to Congress regarding transactions reviewed by CFIUS during 2015, as well as limited information regarding transactions reviewed during 2016....more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

by Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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