On Wednesday, the Senate voted 99-1 to pass a water infrastructure and reform bill authorizing dozens of new projects to upgrade drinking water, wastewater, and irrigation systems. (S.B. 2800 (2018) https://www.congress.gov/bill/115th-congress/senate-bill/2800.) The bill contains many provisions of interest to those involved in the hydropower, dam, or agricultural industries, among others: • Rehabilitation of Army Corps-constructed […]
The Fourth District Court of Appeal upheld a trial court’s decision denying a petition challenging the City of San Diego’s EIR for a project involving Balboa Park in the case Save our Heritage Organisation v. City of San Diego (case no. D073064, filed Oct. 24, 2018). The City approved the project and certified the EIR […]
On Friday, September 28, 2018 the California Air Resources Board (“ARB”) stated that automakers that wish to sell vehicles in California still need to comply with the state’s stricter fuel economy rules. The ARB voted to affirm the “deemed to comply” provision of a key greenhouse gas regulation adopted in California in 2012 to ensure […]
Last month, the U.S. Supreme Court heard oral argument in Weyerhaeuser v. U.S. Fish and Wildlife Service (“USFWS”). This case could have far-reaching implications curbing federally-designated critical habitat designations by the USFWS. At the heart of this case is the USFWS’ 2012 decision to designate 1,500 acres of private land in Louisiana owned by Markle […]
Ryan Zinke, secretary of the Interior Department, has been a key figure in the Trump administration’s push to roll back burdensome environmental regulations and ramp up domestic energy production. Mr. Zinke is facing increased scrutiny based on allegations that he abused travel spending by paying for his wife to travel with him, and maintained close […]
Constantine Metal Resource Ltd., Alyu Mining Co. Inc., and Haines Mining & Exploration Inc. fought back last Thursday against the Chilkat Indian Village and Southeast Alaska Conservation Council’s claims that the BLM violated NEPA when it issued Constantine a permit for mineral exploration in Alaska. The environmental and tribal groups believe that the permit allows […]
This week, Rocky Mountain Wild, the Center for Biological Justice, and other groups filed suit against the Bureau of Land Management (“BLM”) asking the court to cancel three recent oil and gas lease sales in Utah and Colorado. The plaintiff environmental groups argued that the BLM violated the National Environmental Policy Act by failing to […]
On September 24, 2018, the 6th Circuit issued rulings in two cases over the question of how direct a connection there must be between the source of pollution and waters that were allegedly polluted for the Clean Water Act (“CWA”) to apply. The 6th Circuit rulings created a split in the circuits on issue of […]
A federal judge for the D.C. Circuit reinstated two oil and gas leases on Monday, in an area of Montana deemed sacred to the local Blackfeet Tribe. (W.A. Moncrief, Jr. v. U.S. Dep’t of interior (Sept. 24, 2018) D.C. Circuit Civil Case No. 17-609 and Solenex LLC v. Sally Jewell et al. (Sept. 24, 2018) […]
The Waters of the United States Rule (“WOTUS Rule”) implemented under the Obama administration in 2015 has gone through much back and forth since the beginning. Numerous states and industry groups sued to stop implementation of the WOTUS Rule in 2015. The Sixth Circuit consolidated various challenges and issued a nationwide stay of the WOTUS […]
