Searching Content indexed under Environment by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Politics Trumps Economics? Trump's Revocation Of California's Waiver Under The Clean Air Act
Today President Trump announced on Twitter that the U.S. was revoking California's waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards
United States
24 Sep 2019
Endangered Species Act Rulemakings Face Immediate Challenge
On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the "Services") published final rules amending three important parts
United States
5 Sep 2019
Sustainable Communities Environmental Assessment Upheld Under CEQA
In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento's use of a sustainable communities
United States
8 Aug 2019
D.C. Circuit Says NEPA Requires FERC To Inquire Into Up And Downstream Effects Of Pipeline Project
In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed
United States
4 Jul 2019
EIR For Downtown San Francisco Mixed-Use Project Upheld Under Supreme Court's Newly Articulated Standard Of Review
The belatedly published South of Market Community Action Network v. City and County of San Francisco (2019) ___ Cal.App.5th ___ ("South of Market"),
United States
22 May 2019
FERC Holds The Line On One-Year Limit For State Review Of Clean Water Act Certifications For Interstate Natural Gas Pipelines
On April 2, 2019, the Federal Energy Regulatory Commission ("FERC" or "Commission") determined that the one-year statutory limit on state review of interstate natural gas pipeline
United States
16 May 2019
District Court Provides Guidance On Climate Change Analysis Under NEPA
A federal district court has ruled that the Bureau of Land Management ("BLM") failed to adequately consider climate change when approving a set of oil and gas leases on public lands in Wyoming.
United States
1 May 2019
CDP Applicant May Not Challenge Local Agency's CEQA Decision On Coastal Development Permit While CDP Appeal To Coastal Commission Is Pending
In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait
United States
26 Mar 2019
California Supreme Court Clarifies Scope Of De Novo And Substantial Evidence Standards Of Review In CEQA Cases
In Sierra Club v. County of Fresno, the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an EIR for a development project.
United States
5 Mar 2019
On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs
The Ninth Circuit Court of Appeals recently upheld – for the second time – California's Low Carbon Fuel Standard ("LCFS") against constitutional challenges brought by industry groups.
United States
1 Feb 2019
Five Years In The Making: California Is One Step Closer To A Comprehensive Update To The CEQA Guidelines
The Governor's Office of Planning and Research ("OPR") has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act ("CEQA") Guidelines.
United States
11 Jan 2019
Critical Habitat Must Be Habitat For Listed Species, Supreme Court Says
An area designated as critical habitat under the Endangered Species Act must first qualify as "habitat" for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case.
United States
4 Dec 2018
Ninth Circuit Determines That George Constanza Was Right!—In Limited Circumstances, Whales And Seals Are Fish (Not Mammals)
Defying the universal notion that whales and seals are, in fact, mammals, the Ninth Circuit recently affirmed in part, and reversed in part, the Western District Court of Washington's judgment ...
United States
8 May 2018
Ninth Circuit Finds District Court Sharply Deviated From Existing Authority On CERCLA Cleanup Costs Between Military Contractor And U.S. Government When It Allocated 100 Percent Of Liability To Military Contractor
TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government relating to environmental contamination...
United States
1 May 2018
Ninth Circuit Holds National Park Service Has The Authority To Regulate Navigable Waters In Alaska's National Parks And Prohibit The Use Of Hovercraft (Again)
In September 2011, moose hunter John Sturgeon brought an action against the National Park Service ("Park Service"), alleging it inappropriately banned him from using a hovercraft...
United States
24 Apr 2018
Under The Radar Changes To Proposition 65 – OEHHA Issues New "Guidance" For Web Purchases (Is It An Illegal "Underground Regulation"?)
If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain "safe harbor" protection under Prop 65.
United States
9 Mar 2018
Tenth Circuit Holds Bureau Of Land Management Improperly Relied On Unsupported And Irrational Assumption In Analyzing Environmental Impacts Of Coal Mining Leases
The BLM approves mining infrastructure and issues mining leases within much of the Powder River Basin area. Id. at 1227.
United States
7 Mar 2018
Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement And The Statute Of Limitation
Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case...
United States
28 Feb 2018
Corps And EPA Push Out Effective Date Of Disputed Clean Water Rule
The U.S. Army Corps of Engineers and the Environmental Protection Agency published a rule postponing the effective date of the Clean Water Rule for two years, until February 6, 2020.
United States
7 Feb 2018
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