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U.S. Supreme Court Finds ‘Finality Requirement’ for Regulatory Takings Claim Does Not Require Exhaustion of State Administrative Remedies


By Bridget McDonald The U.S. Supreme Court has issued a unanimous per curium opinion in Pakdel v. City and County of San Francisco holding that

Read More2021-09-12

California Court of Appeal Affirms Coastal Commission’s Coastal Bluff Setback Requirement Considering Factors of Safety and Life of the Project


By Boyd Hill The Fourth District Court of Appeal for California in Gary Martin v. California Coastal Commission reaffirmed its determination in Lindstrom v. California

Read More2021-09-11

U.S. District Court Applies the Clean Water Act ‘Functional Equivalent’ Standard Set Forth by the U.S. Supreme Court


By Ana Schwab and Rebecca Andrews To determine if the County of Maui required a federal Clean Water Act permit, the U.S. District Court for

Read More2021-09-11

U.S. Supreme Court Holds Natural Gas Act Authorizes FERC ‘Certified’ Pipeline Project Companies to Seize State-Owned Land through Federally Granted Eminent Domain Authority


By Bridget McDonald In a narrow five-to-four decision, the U.S. Supreme Court in Penneast Pipeline Co., LLC v. New Jersey has held that the Natural Gas

Read More2021-09-11

California State Water Resources Control Board Implements Emergency Water Reporting and Curtailment Regulations in Light of Historic Drought


By Wesley A. Miliband and Kristopher T. Strouse At its August 3, 2021 Public Meeting, the State Water Resources Control Board (State Water Board) considered

Read More2021-09-11

Eighth Circuit Finds Fugitive Emissions from Certain Coal Storage Deemed Outside the Reach of the Clean Air Act New Source Performance Standards


By Allison Smith The Eighth Circuit Court of Appeals has affirmed the lower court decision in Voight v. Coyote Creek Mining Company, LLC, holding that

Read More2021-07-29
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