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D.C. Circuit Finds It Lacks Jurisdiction to Review EPA’s Decision to Not Follow Eighth Circuit Clean Water Act Precedent

The U.S. Court of Appeals for the D.C. Circuit recently held that the Center for Regulatory Reasonableness, an industry group, could not sue the U.S.…

Read More 2017-03-30

California’s 2017 Climate Change Scoping Plan Update: The Proposed Scenario

Earlier this year, the California Air Resources Board (CARB) released the 2017 Climate Change Scoping Plan Update (Scoping Plan), which is a draft version of…

Read More 2017-03-30

President Trump Orders U.S. EPA to Reconsider Its Review of Obama’s Proposed Vehicle Fuel Efficiency Rules

On March 15, 2017, while standing before a group of auto industry executives and workers in Detroit, Michigan, President Donald Trump announced that he has…

Read More 2017-03-30

U.S. District Court Grants Environmental Plaintiffs Who Achieved ‘Limited Success’ in Clean Air Act Litigation, $1.5 Million In Attorneys’ Fees

The U.S. District Court of Montana recently adopted, in full, a U.S. Magistrate finding and recommendation that the Sierra Club and Montana Environmental Information Center…

Read More 2017-03-30

Divided Fifth Circuit Court Decides Areas Uninhabitable By a Species May Nonetheless Be Designated that Species’ ‘Critical Habitat’ under the ESA

The Fifth Circuit Court of Appeals has decided, by an 8-6 vote, to deny a petition to rehear en banc an earlier 2-1 decision by…

Read More 2017-03-30

Congress Passes Waters Infrastructure Improvements For The Nation Act, Promises to Support California Water Agencies

On December 16, 2016, exactly one week after it cleared the Senate with strong bipartisan support, President Obama signed the Water Infrastructure Improvements for the…

Read More 2017-03-03

California State Water Resources Control Board Extends Emergency Conservation Regulations Despite Greatly Improved Surface Water Supply Conditions

On February 8, 2017, the California State Water Resources Control Board (SWRCB) unanimously voted to extend for nine months, with minor modifications, existing emergency water…

Read More 2017-03-03

Ninth Circuit Declines to Halt Los Angeles Subway Project Pending Court Review of NEPA Challenge

The U.S. Court of Appeals for the Ninth Circuit denied an emergency motion for injunction filed by plaintiff Beverly Hills Unified School District (BHUSD) seeking…

Read More 2017-03-03

U.S. Fish and Wildlife Service Seeks Greater Influence With New Endangered Species Act Compensatory Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) issued a final federal Endangered Species Act (ESA) Compensatory Mitigation Policy, effective December 27, 2016, its first comprehensive…

Read More 2017-03-03

California Supreme Court Grants Review to Determine Whether Medical Marijuana Ordinance Constitutes a ‘Project’ For Purposes of the California Environmental Quality Act

The California Supreme Court unanimously granted review of the Fourth District Court of Appeal’s published opinion in Union of Medical Marijuana Patients, Inc. v. City…

Read More 2017-03-03