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|CEQ Proposes New Guidance on the Use of Programmatic NEPA Reviews|
Lauren Caplan; Holland Hart LLP;
September 15, 2014, previously published on September 5, 2014On August 25, 2014, the Council on Environmental Quality (CEQ) published draft guidance on when and how federal agencies may effectively use programmatic National Environmental Policy Act (NEPA) reviews. See 79 Fed. Reg. 50,578 (August 25, 2014). This draft builds on guidance issued in 1983 and is...
|Stormwater Management Services That Provide a Water Supply Source May Be Funded With Water Service|
Kelly J. Salt; Best Best & Krieger LLP;
September 15, 2014, previously published on September 10, 2014Assembly Bill 2403 amends the definition of “water” contained in the Proposition 218 Omnibus Implementation Act to “include improvements for producing, storing, supplying, treating, or distributing water from any source.” This legislation is intended to clarify that fees...
|Third District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor|
William W. Abbott; Abbott & Kindermann, LLP;
September 15, 2014, previously published on September 3, 2014Programmatic EIRs invariably invoke the uneasy question, of “how much information is enough?” This question is reminiscent of the challenge to the United States Supreme Court in defining obscenity and Justice Potter Stewart’s concurring opinion when he acknowledged the difficulty...
|Gulf LNG Submits Monthly Progress Report to FERC|
Sutherland Asbill Brennan LLP;
September 11, 2014, previously published on September 3, 2014Gulf LNG Liquefaction Company and its affiliates submitted a report to FERC describing pre-filing environmental review activities undertaken during August for its proposed LNG export terminal at Pascagoula, Miss. According to the report, among other things, biological/wetlands and cultural surveys...
|Basin Preparing to Submit Information for Carbon Capture Test Center|
Sutherland Asbill Brennan LLP;
September 11, 2014, previously published on September 3, 2014Basin Electric Power Cooperative (Basin) and Black Hills Power have set a September date for submitting site-specific information on certain of their respective power plants in the hopes of one of them attracting a test center for carbon capture and sequestration technology. The test center is part...
|California’s Global Warming Solutions Act Cap-and-Trade Program|
Bruce D. Varner; Varner & Brandt LLP;
September 10, 2014, previously published on August 29, 2014In September 2006, California enacted the Global Warming Solutions Act (“AB 32”), which aims to reduce California’s greenhouse gas (“GHG”) emissions to 1990 levels by the year 2020. These levels are measured in metric tons of carbon dioxide equivalent (“mt...
|Halliburton Deepwater Settlement: Halliburton and Plaintiffs' Steering Committee Reach Settlement|
September 5, 2014, previously published on September 2, 2014Settlement includes alleged punitive damage claims and assigned claims for commercial fishermen and property owners directly affected by oil
|An Update of Flow Control Jurisprudence since United Haulers|
Tommy Lavender; Nexsen Pruet, LLC;
September 2, 2014, previously published on August 29, 2014Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. Plaintiffs in the cases since United Haulers have asserted a multitude of arguments in an...
|Legislature Adopts Historic Sustainable Groundwater Management Act|
Sarah Christopher Foley, Paeter E. Garcia, Eric L. Garner; Best Best & Krieger LLP;
September 2, 2014, previously published on August 29, 2014On Friday night, the California Legislature adopted a lawmaking package, including Senate Bills 1168 and 1319 and Assembly Bill 1739, and the bills are now awaiting Gov. Jerry Brown’s signature. Once signed, the bills would establish the Sustainable Groundwater Management Act and...
|Draft ISO 14001:2015 Standard Available for Public Comment|
Karen Lutz; Foley Lardner LLP;
September 1, 2014, previously published on August 18, 2014The revision of the ISO 14001 standard is now open for public comment, with the final standard publication expected in 2015, affecting over 280,000 certified organizations worldwide. Once final, the standard is expected to be in place until 2025.