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 […]
October 15, 2017 | Category:
California,
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Land Use,
Lawsuit,
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California,
california land use,
CEQA,
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Land Use Law,
mitchell chadwick llpIn 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 […]
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 […]
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 […]
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 […]
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 […]
Consistent with President Trump’s rollback of several Obama-era moratoria on mining on federal lands, the Interior Department is expected to let lapse the two-year moratorium on new mining claims in several Western states. On September 24, 2015, former Interior Secretary Sally Jewell signed a federal administrative order withdrawing from new mining claims 10 million acres […]
September 11, 2017 | Category:
NewsHurricane Irma is the second major hurricane to hit the U.S. in two weeks. Irma follows Hurricane Harvey, which shut down a quarter of U.S. refineries and 8 percent of U.S. oil production. Crude prices have slumped, as the outages reduce demand for crude. The trend continued into the weekend as of Friday, 9/8/17. Recovery […]
In response to President Trump’s August 15, 2017 Executive Order directing administrative agencies to review and approve infrastructure approvals in a more expeditious manner, the Department of the Interior issued Order No. 3355 imposing page and time limits on Environmental Impact Statements. On August 15, 2017, Deputy Secretary of the Interior David Bernhardt issued Order […]
The U.S. District Court for Montana and U.S. Court of Appeals for the District of Columbia have both issued decisions suggesting that the “social cost” of greenhouse gas emissions must still be considered under the National Environmental Policy Act (“NEPA”) – despite President Trump’s desire otherwise. In 2009, President Obama instructed federal agencies to create […]
