News & Analysis as of

Trees

High Swartz LLP

The Emerald Ash Borer Killed a Tree on My Property Line. Who is Responsible For Its Removal?

High Swartz LLP on

The Emerald Ash Borer insect has wreaked havoc throughout much of PA and is migrating to surrounding Mid-Atlantic states. Dead ash tree removal is a must for property owners, but the responsibility burden can sometimes cause...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

Hanson Bridgett LLP

NEPA in the Ninth Circuit: A Rare Look at Impacts to Redwood Forests and "Downstream" Carbon Emissions

Hanson Bridgett LLP on

Key Points - In a rare move, the Ninth Circuit Court of Appeals published two opinions about subjects that are hardly ever discussed in the court's published National Environmental Policy Act (NEPA) decisions. For the first...more

Pessin Katz Law, P.A.

Fall Law: Avoiding Leaf Litigation

Pessin Katz Law, P.A. on

The trees have begun their annual transformation and the scent of pumpkin spice is starting to drift through the air. Yes, we have made it to autumn. While many of our favorite autumn activities have been postponed,...more

Gray Reed

When Can You Cut Down Your Neighbor’s Messy, Root-Invasive Tree?

Gray Reed on

Ernest “Big Daddy” Bux’s favorite old, majestic cypress tree “Cyrus” has a wide draping canopy near his property line adjoining his neighbor Sonny Gap. Gap recently complained that the roots and the canopy are growing into...more

Best Best & Krieger LLP

Irrigation District May Refuse Water Delivery to Rule Violators

Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to...more

Farrell Fritz, P.C.

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining...

Farrell Fritz, P.C. on

A recent case from the Third Department, Shea v. Signal Hill Road LLC, involved a dispute about untrimmed trees that blocked the view of the adjoining property owner to Lake Placid and the surrounding mountains....more

Nossaman LLP

Utilities Have the Right to Remove Trees Within an Easement

Nossaman LLP on

Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more

Cozen O'Connor

Successfully Integrating Tree Protection With Development In The “City Of Trees”

Cozen O'Connor on

The District of Columbia (“D.C.”) has a relatively long history of being known for its trees, stemming back to the planting of 60,000 trees initiated by the last Governor of D.C., Alexander “Boss” Shepard in the 1870s. While...more

Perkins Coie

City Approval of Agreement for Tree Removal Triggered 90-Day Statute of Limitations Under Planning and Zoning Law

Perkins Coie on

Broadly construing Government Code § 65009, which establishes a 90-day limitations period for claims under the Planning and Zoning Law, an appellate court held that approval of an agreement allowing removal of trees...more

Jackson Lewis P.C.

New OSHA Tree Care Publication

Jackson Lewis P.C. on

Earlier this month OSHA published a guidance document for the tree care industry, “Solutions for Tree Care Hazards.” The two page publication addresses five major hazards for the tree care industry, including traffic...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018

Appalachia Underground NGL Storage Facility Clears Big Hurdle - "The Appalachia Storage & Trading Hub initiative got approval for the first of two application phases for a $1.9 billion U.S. Department of Energy loan, the...more

Foley Hoag LLP - Environmental Law

Attacking Invasive Species Requires Serious Measures — A Judicial Opinion with Beatles Annotations

Everyone knows what a problem invasive species can be. Difficult problems require difficult solutions. In a recent case decided by the 1st Circuit Court of Appeals, the scope of the government’s authority to address one...more

Jackson Walker

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Burr & Forman

South Carolina Court of Appeals, in Montgomery v. Spartanburg County Assessor, Reverses Prior Administrative Law Court Order...

Burr & Forman on

The South Carolina Court of Appeals’ recent opinion in Montgomery v. Spartanburg County Assessor provides an interesting discussion of the definition of “fair market value for agricultural purposes” in connection with South...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More

The U. S. Department of Labor (DOL) recently released its Fall 2015 Regulatory Agenda, its semi-annual status report of all regulatory actions underway or being contemplated by the DOL’s agencies. Included in the agenda were...more

Allen Matkins

California Environmental Law & Policy Update - November 2015

Allen Matkins on

Environmental and Policy Focus - Senate votes to block EPA’s clean water rule: The Hill - Nov 4:: The U.S. Senate approved a bill Wednesday to block the Obama administration’s new regulation defining federal authority...more

Pierce Atwood LLP

2015 Summary of Key Maine Environmental Legislation

Pierce Atwood LLP on

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Haight Brown & Bonesteel LLP

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

In Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident...more

Pullman & Comley, LLC

CT Law of the Land

Pullman & Comley, LLC on

In response to an act of illegal clear-cutting of roughly three acres of a Connecticut state forest, the offending company and the Commissioner of the Department of Energy and Environmental Protection (DEEP) entered into a...more

Gray Reed

How Much Are Your Trees Worth?

Gray Reed on

In Texas, more than your dog. Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P. is good news for landowners. The Texas Supreme recognized the intrinsic-value-of-trees exception to the general rule for damages to...more

Manatt, Phelps & Phillips, LLP

Citizens for a Green San Mateo v. San Mateo County Community College District

Why it matters: The 30 day statute of limitations for CEQA challenges was upheld to bar litigation alleging that a project, as constructed, was different from how that project was described in the CEQA document....more

Stoel Rives LLP

San Mateo Tree Removal Suit Felled by CEQA Statute of Limitations

Stoel Rives LLP on

In Citizens for a Green San Mateo v. San Mateo Cnty. Comm. College Dist. et al., No. A137612 (Cal. Ct. App. 1st Dist., June 17, 2014), the First District Court of Appeal reversed the trial court’s decision and found that a...more

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Updated: Apr 27, 2021:

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