News & Analysis as of

State and Local Government Environmental Assessments

Allen Matkins

Governor Newsom Approves Key Housing Bill: AB 2243

Allen Matkins on

On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more

Cozen O'Connor

Green Fast Track for Housing is Now in Effect

Cozen O'Connor on

Mayor Eric Adams’ “Green Fast Track for Housing” initiative went into effect June 3, 2024, with the aim of shortening the lengthy environmental review process for certain residential developments reviewed by the City Planning...more

Foley Hoag LLP - Energy & Climate Counsel

MA Environmental Justice Strategy Presents New Policies to Combat Statewide Environmental Injustice

On February 15, 2024, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) released Massachusetts’ inaugural Environmental Justice Strategy (“EJ Strategy”), a comprehensive set of initiatives and...more

Verrill

Unveiling the ResilientMass Plan

Verrill on

On Tuesday, November 28, 2023, Massachusetts released an updated version of the State Hazard Mitigation and Climate Adoption Plan, the “ResilientMass Plan.”...more

Perkins Coie

Ninth Circuit Upholds Environmental Assessment for Highway Project in State Park

Perkins Coie on

Courts reviewing an agency’s environmental assessment under NEPA may not speculate about potential significant environmental effects that are not supported by the record — they must defer to the agency’s reasonable...more

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

Procedures for Considering Environmental Impacts/National Environmental Policy Act: U.S. Department of Transportation Proposed...

The United States Department of Transportation (“DOT”) published a November 23rd Federal Register Notice of a proposed rulemaking which is described as updating and codifying: . . . its internal order establishing the...more

Nossaman LLP

NEPA Rules Rewrite: Public Involvement Process

Nossaman LLP on

This is the fifth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations adopted by the Council on Environmental Quality (CEQ) and published in the Federal Register on July 16, 2020. The...more

Nossaman LLP

NEPA Rules Rewrite: Initiation of the Environmental Impact Statement Process

Nossaman LLP on

This is the second in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

Troutman Pepper

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

Troutman Pepper on

On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

Farrell Fritz, P.C. on

The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. it’s website can be found at cnyhiking.com/LudovicoTrail.htm.  The Trail recently became a centerpiece of a...more

Farrell Fritz, P.C.

Applicant’s Failure To Include Information About The Whole Project On The Site Plan Ends Up In Remand To Planning Board

Farrell Fritz, P.C. on

A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more

Pullman & Comley, LLC

ARTICLE : Phase I Environmental Assessment Process(es) in Connecticut: Managing a State-Specific Approach to Achieve Transactional...

Pullman & Comley, LLC on

If your corporate or real estate deals cross state lines, you know different jurisdictions do the same things different ways, sometimes maddeningly so. Environmental regulation is a prime example. Originally published in...more

Farrell Fritz, P.C.

Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

Farrell Fritz, P.C. on

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed Type I or Unlisted Action under review will not result in any significant adverse...more

Best Best & Krieger LLP

Groundwater Extraction Permits Not Subject to CEQA in San Luis Obispo County - Approval is a Ministerial Action, not subject to...

While California’s drought state-of-emergency has been lifted, legal battles aimed at limiting groundwater extractions linger....more

Farrell Fritz, P.C.

The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

Farrell Fritz, P.C. on

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review Act (SEQRA) regulations. ...more

Farrell Fritz, P.C.

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

Farrell Fritz, P.C. on

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Pierce Atwood LLP

Mass. SJC Expands Time For Bringing Property Damage Claims Under Chapter 21E

Pierce Atwood LLP on

Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation path....more

Goulston & Storrs PC

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

Goulston & Storrs PC on

Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

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