Land Use

San Francisco and Oakland Declare War on Oil Companies (Again)

San Francisco and Oakland have renewed their fight to try and make Big Oil pay for climate-change related infrastructure damage, asking a federal appeals court earlier this week to reconsider their previously dismissed lawsuits against five oil companies. San Francisco and Oakland argue that a federal judge wrongly kept their cases out of state court […]

Trump Issues More Executive Orders Rolling Back Energy and Oil Regulations

President Trump issued two executive orders this past Wednesday that are meant to roll back energy regulations and promote fossil fuel development. In particular, the pair of executive orders are aimed at speeding up the permitting process for oil and gas infrastructure projects and curbing states’ ability to hold up approvals. Under Section 401 of […]

California State Water Board Adopts Controversial Wetlands Rule

Culminating a process that began 11 years ago, the California State Water Resources Control Board last week unanimously adopted a revised policy to protect wetlands in the State. The policy creates a new definition of wetlands peculiar to California, gives a framework to determine a water of the state (nearly everything), and clarifies requirements for […]

Congress Passes Largest Public Lands Package in Decades

The National Resources Management Act was approved yesterday by Congress in a landslide 363-62 vote. The Act is a sweeping public lands conservation package that will protect millions of acres of land and rivers across the country. It also designates over 1 million acres of new wilderness land, with almost 700,000 acres reserved for recreation […]

Breaking: Supreme Court takes up Clean Water Act Case

The below excerpt from Scotusblog can be found HERE. The Clean Water Act bars the discharge of any pollutant into “navigable waters” without a permit. In its lone grant on today’s order list, the Supreme Court agreed to decide whether a violation of the CWA occurs only when a pollutant is released directly into navigable […]

Revised Waters of the U.S. Rule Update

On December 28, 2018, the U.S. Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a revised Waters of the U.S. (“WOTUS”) to clarify the scope of waters federally regulated under the Clean Water Act (“CWA”). The proposed rule is open for a 60-day comment period. The proposed rule is intended to […]

Gavin Newsom Downsizes High Speed Rail Project

Bowing to the reality of delays, out-of-control costs, and accusations of corruption, payback, and favoritism, California Governor Gavin Newsom reversed former Governor Jerry Brown’s steadfast support of the doomed rail system in his first State of the State speech on February 12, 2019.  Newsom stated that the high-speed rail project (a saga which began with […]

GAO Rules Army Corps’ Evaluation of Enviro Project Bid was “Unreasonable and Inconsistent”

In a January 16, 2019 decision made public this past Wednesday, the U.S. Government Accountability Office (“GAO”) sustained Bristol Environmental Remediation Services, Inc.’s (“Bristol”) bid protest, ruling that the U.S. Army Corps of Engineers (“Corps”) unfairly rejected Bristol’s proposal for an environmental cleanup and munitions response contract. Despite presenting the cheapest proposal among the other […]

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