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News Articles

Fifth Circuit Finds EPA Has Authority to Alter States’ Proposed CAA Designations of Attainment Status

By Deborah Quick How much discretion does the U.S. Environmental Protection Agency (EPA) wield when promulgating (non)attainment status for sub-state geographic areas under the federal…

Read More 2021-01-04

Arizona and Nevada Take Major Steps Towards Greenhouse Gas Reductions By 2050

By Hina Gupta Recently, both Arizona and Nevada took major strides to achieve a net-zero carbon emissions future by 2050. Meanwhile, Nevada released a climate…

Read More 2021-01-04

Sierra Club Files CEQA Challenge to Proposed New Off-Stream Storage for the Central Valley Project

By Holly Tokar and Meredith Nikkel On November 20, 2020, a coalition of environmental groups filed a verified petition for writ of mandate and complaint…

Read More 2021-01-04

U.S. Fish and Wildlife Service Issues Final EIS For Changes to Migratory Bird Treaty Act

By Geremy Holm On November 27, 2020, the U.S. Fish and Wildlife Service (FWS or Service) published a final Environmental Impact Statement (EIS) analyzing a…

Read More 2021-01-04

Endangered Species Act Update: Sweeping Regulations Already Adopted, with More Proposed, Will Profoundly Alter Implementation of the Act

By David C. Smith and Jennifer Lynch The federal Endangered Species Act (ESA or the Act) has not escaped the Trump administration’s mandate for regulatory…

Read More 2020-11-18

California Court of Appeal Finds City’s ‘SLAPP’ Motion Failed to Show that Developer’s Lawsuit Arose from Protected Activity

By James Purvis A developer brought an action against the City of Oakland (City) alleging various causes of action. The City filed a demurrer, a…

Read More 2020-11-18

U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits

By Geremy Holm and Steve Anderson On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published a notice of proposed rulemaking (Proposed Rulemaking)…

Read More 2020-11-18

Ninth Circuit Finds BLM Not Required to Prepare New EIS Prior to Approving New Oil and Gas Leases in Alaska

By Christina Berglund In Northern Alaska Environmental Center v. U.S. Dept. of the Interior the Ninth Circuit affirmed the U.S. District Court’s summary judgment in…

Read More 2020-11-18

Tenth Circuit Holds Native American Pueblo Water Rights Not Extinguished by Spain

By Christina J. Bruff On September 29, 2020, the Tenth Circuit Court of Appeals addressed the question whether the U.S. District Court in New Mexico…

Read More 2020-11-18

Ninth Circuit Affirms Order Vacating the Delisting of the Yellowstone Grizzly Population

By James Purvis The U.S. Fish and Wildlife Service (FWS) issued a final rule removing the grizzly bear population in the Greater Yellowstone Ecosystem from…

Read More 2020-11-18