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HTMLWhether a Developer may Request Conditional Approval of Environmental Impact Assessment Based on the Environmental Protection Strategies Whose Efficacy Only can be Proved After Operation Commences
Patrick Chen; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
September 11, 2015, previously published by In the event that such decision is upheld by the Supreme Administrative Court, the impact on developers will lie in the requirement that a developer should explain in great detail to EIS authority about the environmental protection strategies and their efficacy in prevent and mitigating environmental impact in items such as "all kinds of relevant plans and current environmental circumstances within the scope of potential impact of development acts," "potential environmental impact that is expected from development acts" or "environmental protection strategies and alternative proposals" in the first stage of EIS. In addition, the efficacy of such strategies should be proved before the approval. It may become difficult to request the EIS authority to approve the development by "executive conditions" based on environmental strategy whose efficacy cannot be proved until operation commences.
Whether a developer may request conditional approval of environmental impact assessment based on the environmental protection strategies whose efficacy only can be proved after operation commences


HTMLFERC to Prepare Environmental Assessment for Freeport LNG Train 4 Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 21, 2015, previously published on August 20, 2015
FERC has issued a notice of its intent to prepare an environmental assessment (EA) for Freeport LNG Development, L.P.’s proposal to add a fourth liquefaction train (Train 4 Project) at its LNG export terminal currently under construction on Quintana Island in Brazoria County, Texas. The Train...


HTMLPresident Orders Federally Funded Construction Projects To Plan For Flood Risks From Climate Change
Jose A. Aquino; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 2, 2015
On January 30, 2015, President Barack Obama signed an executive order requiring all federally funded construction projects to take into account flood risks linked to climate change.


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...


HTMLImproper Asbestos Removal at School for the Blind Site
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 18, 2014
The Environmental Protection Agency (EPA) is currently investigating the possibility of improper asbestos removal at the site of the former Michigan School for the Blind. The investigation has followed after Michigan construction company, MAC Contracting, LLC, was accused of improperly and unsafely...


HTMLEPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule
Christopher P. McCormack; Pullman & Comley, LLC;
Legal Alert/Article
July 4, 2014
On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate inquiry” rule. This proposal would resolve a widely-criticized...


HTML“Waters of the U.S.” - A New Definition
Karin M. Jacoby; Husch Blackwell LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have issued a proposed rule intended to clarify the scope of “waters of the U.S.” protected under the Clean Water Act (CWA) and for which Section 404 permitting by the Corps will apply.


HTMLInsurer Sues Chicago for Failure to Prevent Damages From Climate Change
Nancy W. McBrady; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
June 6, 2014, previously published on May 20, 2014
On April 16, 2014, Illinois Famer's Insurance Co. filed a class action lawsuit against the City of Chicago and surrounding municipalities claiming damages relating to the failure by the municipalities to adequately prevent flooding resulting from climate change. This suit could spell a shift not...


HTMLCongress Passes Water Resources Bill Encouraging Public-Private Partnerships for Water Supply and Treatment Construction Projects
Kent W. Collier, Lee C. Davis, Nkoyo-Ene Effiong; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 6, 2014, previously published on May 23, 2014
Water infrastructure projects across the nation may soon have access to innovative financing programs and increased public-private partnership (P3) opportunities. House Bill 3080 (2013) or the Water Resources Reform and Development Act (WRRDA), passed the U.S. Senate on May 22 by a vote of 91 to 7....


HTMLEPA Regulation of Greenhouse Gases: Can They Do That?
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
March 12, 2014, previously published on March 4, 2014
On February 24th, the United States Supreme Court heard oral arguments on a challenge to the Environmental Protection Agency’s power to regulate greenhouse gases, which could affect development in the construction industry. Companies in the utility industry and chambers of commerce in 13...


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