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HTMLAn Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
October 23, 2014, previously published on September 23, 2014
The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...

 

HTMLAbove Ground Storage Tank Act
Roger G. Hanshaw; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014, previously published on April 25, 2014
On April 1, 2014, Governor Earl Ray Tomblin signed into law Senate Bill 373, the "Above Ground Storage Tank Act" adopted by the West Virginia Legislature in the 2014 regular session. The Above Ground Storage Tank Act (the "Act") contains provisions that will impact business in...

 

HTMLIt Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?
Glen C. Hansen; Abbott & Kindermann, LLP;
Legal Alert/Article
October 20, 2014, previously published on September 24, 2014
In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...

 

HTMLTwo Studies Suggest Fracking Is Safe
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
October 18, 2014, previously published on October 15, 2014
Hydraulic fracturing, or fracking, is loudly and frequently blamed for contaminating water supplies. However, a new study by the DOE casts doubt on these assertions while another study highlights the need for increased quality control in well casing and sealing.

 

HTMLFERC Approves Pre-Filing Request of Venture Global Calcasieu Pass
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 13, 2014
FERC issued an order approving Venture Global Calcasieu Pass’s request to begin the pre-filing environmental review process for the proposed Calcasieu Pass LNG export terminal project in Cameron Parish, La., near the mouth of the Calcasieu Ship Channel. FERC’s order can be found here -...

 

HTMLEPA Proposes to Eliminate Startup, Shutdown, and Malfunction Affirmative Defenses Under Clean Air Act
Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The United States Environmental Protection Agency ("EPA") proposed on September 5, 2014 to prohibit excess emissions during periods of startup, shutdown, or malfunction ("SSM") in State Implementation Plans ("SIPs") under the Clean Air Act ("CAA"). EPA...

 

HTMLState Water Board Releases Draft Safe Drinking Water Plan
Rebecca Andrews, J.G. Andre Monette; Best Best & Krieger LLP;
Legal Alert/Article
October 16, 2014, previously published on October 13, 2014
The State Water Resources Control Board released a draft Safe Drinking Water Plan for California. The draft plan assesses the quality of the state's drinking water, identifies specific water quality problems, analyzes known and potential health risks that may be associated with drinking water...

 

HTMLU.S. Supreme Court Rejects Challenge to EPA’s Authority
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 9, 2014
On Monday the U.S. Supreme Court denied an electric utility group’s challenge to the emissions standards for ozone pollution of the United States Environmental Protection Agency (EPA). Utility Air Regulatory Group filed a petition in April claiming that the July 2013 decision of the U.S....

 

HTMLEnvironmental Groups Take FERC to Court Over Cameron LNG Project Approval
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 13, 2014
Sierra Club and Gulf Restoration Network have filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit challenging FERC’s orders approving the Cameron LNG export terminal project in Hackberry, Cameron Parish, La.

 

HTMLCooperative to Purchase Power from Eastern New Mexico Wind Farm
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 13, 2014
New Mexico’s Lea County Electric Cooperative (LCEC) has contracted to buy the output from the Anderson Wind Farm, which is currently under construction in Lea County. The farm is in fact a series of several small 7- to 8-megawatt farms, a structure that allows the farms to provide power...

 


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