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News Articles

California Fifth District Court of Appeal Holds City Did Not Abuse Discretion in Determining that Shopping Center Project was Consistent with Its General Plan

The Fifth District Court of Appeal has held that the City of Modesto’s General Plan contains flexible policies that permitted the approval of a shopping…

Read More 2016-09-07

California Supreme Court Finds State Officials May Conduct Pre-Condemnation Environmental and Geological Activities on Privately Owned Delta Lands

Capping several years of litigation, on July 21, 2016, the California Supreme Court determined in Property Reserve, Inc. v. Superior Court that California’s eminent domain…

Read More 2016-09-07

White House’s Council on Environmental Quality Issues Final Guidance on Greenhouse Gas Emissions Consideration under NEPA

The White House’s Council on Environmental Quality (CEQ), the federal entity with responsibility for implementation of the National Environmental Policy Act (NEPA) issued final guidance…

Read More 2016-09-07

Fifth Circuit Stays EPA’s Texas and Oklahoma Clean Air Act Rule State of Texas et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-60118 (5th Cir. July 15, 2016).

The Fifth Circuit Court of Appeals has stayed the U.S. Environmental Protection Agency’s (EPA) Final Rule partially imposing a Federal Implementation Plan (FIP) on the…

Read More 2016-09-07

D.C. Circuit Court of Appeals Upholds U.S. EPA’s ‘Backstop’ Authority to Revoke Army Corps’ Clean Water Act 404 Permit Due to ‘Unacceptable Adverse Effects’ on Wildlife

In a second look at withdrawal of fill disposal sites by the U.S. Environmental Protection Agency (EPA) from a federal Clean Water Act (CWA) §…

Read More 2016-09-07

Sacramento Superior Court Issues Ruling In the Delta Stewardship Council Cases

Delta Stewardship Council Cases, Judicial Council Coordination Proceeding No. 4758 (Sac. Sup. Ct. May 18, 2016). Judge Michael Kenny has issued a ruling (Ruling) on…

Read More 2016-07-16

California Cap-and-Trade Auction Falls Far Short, Delivering Blow to State Revenue and High Speed Rail Financing

The quarterly auction in California’s cap-and-trade market for greenhouse gases, conducted May 18, 2016, fell drastically below the expected $150 million, providing only $10 million…

Read More 2016-07-16

In the Crosshairs of the Second Amendment—Ninth Circuit Finds County Zoning Regime Was Overly Restrictive on the Sale of Firearms

While it remains in the forefront of national controversy for other reasons, the Second Amendment has not been the focus of many land use cases.…

Read More 2016-07-15

U.S. Supreme Court Holds Jurisdictional Delineation By Army Corps under the Clean Water Act May Be Judicially Challenged

In a decision with the potential to significantly reduce the time, uncertainty, and expense of development on land with disputed wetlands-designations, the U.S. Supreme Court…

Read More 2016-07-15

U.S. Fish and Wildlife Service Proposes Substantial Revisions to Its Eagle Take Permit Regulations

The U.S. Fish and Wildlife Service (FWS) has published a proposed rule in the Federal Register that would substantially revise the FWS’ regulations regarding the…

Read More 2016-06-23