environmental group

Third District Court of Appeal Upholds EIR for Freeway Improvement Project

  In an unpublished decision filed on October 24, 2017, the Third District Court of Appeal upheld a trial court’s denial of a CEQA challenge to a freeway interchange and arterial roadway project. The case, Eureka Village Homeowners Association v. City of Rancho Cordova (C082276) considers whether the EIR prepared by the city analyzed a […]

BLM to Hold Public Hearings on Sage Grouse While Watchdog Group Sues for Public Records

This week the BLM announced its plans to hold public hearings in November to allow for public comment regarding the agency’s decision to reopen 98 federal land use plans that were put in place to protect the greater sage grouse. Meanwhile, a watchdog group filed a federal lawsuit against the Interior Department, claiming the agency […]

EPA Chief Kills “Sue and Settle” Tactic Used By Environmental Groups

On October 16, 2017, EPA Administrator Scott Pruitt issued an administrative order with the goal of ensuring that the Environmental Protection Agency is transparent when settling lawsuits – particularly those filed by environmental groups seeking to regulate through litigation. A press release accompanying the administrative order explains that the EPA has long been sued by […]

House Panel Approves Bills Addressing the ESA

The House Natural Resource Committee approved five bills addressing the Federal Endangered Species Act on October 4, 2017. Each bill was limited in scope and addressed different aspects of the ESA. H.R. 717 adds the review of economic cost of listing a species as a consideration under the ESA. Under this provision, the FWS or […]

First District Court of Appeal finds California Department of Pesticide’s CEQA Documentation for Pesticide Registration Inadequate

In Pesticide Action Network North America v. California Department of Pesticide Regulation (September 19, 2017) Case No. A145632, the First District Court of appeal considered whether the Department of Pesticide Regulation met its CEQA obligations under the Department’s certified regulatory program. Documents prepared pursuant to the regulatory program serve as the functional equivalent of CEQA […]

Nation’s High Court May Clarify CERCLA Cleanup Liabilities for Tenants and Subtenants

Last week, the United States Supreme Court was asked to consider whether former tenants and sublessees of a Superfund site may be liable for recovery costs – even though these parties were not technically “owners” under the meaning of CERCLA. In Next Millenium Realty LLC v. Adchem Corporation, No. 17-____, the Petitioners were the fee […]

EPA Head Formally Announces Elimination of Obama Administration’s Clean Power Plan

Earlier this week, EPA Administrator Scott Pruitt announced that he will sign a proposed administrative rule that will withdraw from the Clean Power Plan, a set of administrative regulations targeting coal and natural-gas power plant emissions. A longtime target of President Trump and Mr. Pruitt in his former capacity as Oklahoma Attorney General, the Clean […]

USFWS Accepts Proposal to Increase Delta Pumping

  On Wednesday, federal fisheries regulators approved a controversial plan to allow for increased pumping from the Sacramento-San Joaquin Delta this fall. Facing opposition from environmental groups, the U.S. Fish and Wildlife Service (USFWS) signed off on the proposal that was championed by the U.S. Bureau of Reclamation and Southern California water interests. With those […]

Trump Administration Schedules Meetings with Industry Groups as Part of Regulation Reform Efforts

  Later this week, U.S. EPA Chief Scott Pruitt is scheduled to meet with representatives from a wide range of industries in an effort to identify areas where regulations may be scaled back, consistent with President Trump’s objectives. As part of the “Smart Sectors Program” announced in mid-September, the EPA will meet with representatives from […]

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