October 29, 2015 | Category:
Air Quality,
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Lawsuit,
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Air Quality,
appeal,
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Global Warming,
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OzoneStates Challenge EPA’s New Ozone Standards Arizona, Arkansas, North Dakota, Oklahoma and New Mexico’s Environment Department join the petition for review filed by Murray Energy Corp., asking the D.C. Circuit Court to block the new national ground-level ozone standards. The EPA recently lowered the national ambient air quality standards for ground-level ozone from 75 ppb […]
Enviros Discredit Themselves, Challenge Their Own Forest Restoration Project Building and reopening miles of roads in the Santa Fe National Forest for a massive restoration project designed to make the forest more resilient to wildfires and insects would cause more harm than good, according to a formal protest filed by the environmental group that helped […]
New Waters of the U.S. Rule Halted Nationwide The 6th Circuit, in a 2-1 decision filed on October 9, 2010, halted nationwide the application of the Environmental Protection Agency and U.S. Army Corps of Engineers’ new definition for waters of the U.S. under the Clean Water Act. Barring further appellate review or the conclusion of […]
Army Corps Handed Court Defeat Even as More States Challenge New Rule Jurisdictional Determination IS a “Final Agency Action” that can be challenged in court On Sept. 8th, the Obama administration asked the Supreme Court to review the Eight Circuit’s decision in Hawkes v. Corps. In Hawkes, a landowner sought a jurisdictional determination from […]
August 31, 2015 | Category:
Land Use,
Lawsuit,
News,
Oil and Gas | Tags:
court case,
environmental group,
Fracking,
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mitchell chadwick llp,
oil,
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oil and gas,
WaterEnviros Threaten EPA: Tighten Drilling Regulations or Get Sued On August 26, 2015, a consortium of environmental groups led by the Environmental Integrity Project and the Natural Resources Defense Council gave the Environmental Protection Agency (“EPA”) official notice of their intent to sue and compel the agency to update its regulations on drilling waste. The […]
May 29, 2015 | Category:
Land Use,
Lawsuit,
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Press Releases | Tags:
Braiden Chadwick,
california land use,
court case,
land use,
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Water,
Water Law,
Waters Of The U.S.Federal Power Grab: Obama Administration Expands Federal Jurisdiction of Waters of the United States On May 27th, 2015, the Obama Administration expanded federal jurisdiction of waterways and drinking water supplies when it issued the Final Rule under the Clean Water Act. The Final Rule is widely seen as growing federal regulation by expanding the definition […]
On March 24, 2015, the Fourth Circuit ended a 13-year battle between Precon Development Corp. Inc. and the Army Corps of Engineers over a proposed housing development in Virginia. (PRECON DEVELOPMENT CORPORATION, INC. v. UNITED STATES ARMY CORPS OF ENGINEERS) The ruling hinged on whether there was a “significant nexus” between the proposed development and […]
March 17, 2015 | Category:
Land Use,
Lawsuit,
Mitigation Bank,
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Braiden Chadwick,
california land use,
CEQA,
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mitigation bankOn March 12, 2015, the U.S. Tax Court sided with the Internal Revenue Service (“IRS”) to disallow a charitable-contribution deduction claimed by North Carolina Company, Balsam Mountain Investments, LLC. (“Balsam Mountain”) The Company had previously dedicated a perpetual conservation easement to the North American Land Trust, a nonprofit entity in 2003. Similar to many individuals, farming interests, […]
March 3, 2015 | Category:
CEQA,
Land Use,
Lawsuit,
News | Tags:
California,
california land use,
CEQA,
court case,
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Land Use Law,
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mitchell chadwick llpCalifornia Supreme Court Clarifies the “Unusual Circumstances” Exception under CEQA Today, the California Supreme Court issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley (No. S201116), and affirmed that even in Berkeley, building a single-family home does not require environmental review under the California Environmental Quality Act. Berkeley Hillside clarified when the “unusual […]
Outcome of Calif. gravel mine fight disappoints environmentalists (Reuters) – A California conservation group is still considering whether to appeal to the state Supreme Court an appellate decision to allow a 1,500-acre gravel mining operation on farmland in California’s Central Valley, the group’s lawyer says. Donald Mooney, lawyer for the Friends of the Kings River, […]
