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HTMLClatsop County Commission to Reconsider Oregon LNG Pipeline Decision
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
The Daily Astorian reports that Clatsop County commissioners have decided to reconsider a prior decision denying a land use permit for a pipeline to supply the proposed Oregon LNG terminal. A recent ruling by the Oregon Land Use Board of Appeals found bias in the earlier decision denying the...

 

HTMLSupreme Court Allows States to Set Expiration Date on Certain Environmental Claims
David M. Halverson, Duke K. McCall, Dominique Malata Perez; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on June 16, 2014
In a June 9, 2014, decision resolving a circuit split, the U.S. Supreme Court ruled in CTS Corp. v. Waldburger that federal environmental law does not preempt state statutes of repose that bar tort claims for personal injury or property damage arising from a release of hazardous substances....

 

HTMLEPA Proposes Rule Requiring Existing Power Plants to Reduce Greenhouse Gas Emissions
Steve W. Black, David K. Brown, Rick R. Rothman; Bingham McCutchen LLP;
Legal Alert/Article
July 14, 2014, previously published on June 17, 2014
On June 2, 2014, the United States Environmental Protection Agency (EPA) released its Clean Power Plan, a much anticipated proposed rule under the Clean Air Act to reduce carbon pollution from existing electric generating power plants. Through a combination of emissions reductions, greater reliance...

 

HTMLRuling That Curtails Public Agencies' Abilities to Get Order Protecting Project Planning Inspections is Decertified
Kendall H. MacVey, Jamey Wyman; Best Best & Krieger LLP;
Legal Alert/Article
July 11, 2014, previously published on July 7, 2014
An appellate court ruling that essentially curtailed the ability of public agencies to obtain a court order to conduct project planning inspections was decertified by a grant of review by the California Supreme Court. In Property Reserve. Inc. v. Superior Court of San Joaquin County, the State of...

 

HTMLCalifornia Department of Water Resources Releases Draft 2014 Water-Energy Grant Program Guidelines
Sophie A. Akins, Kelsey R. Blegen; Best Best & Krieger LLP;
Legal Alert/Article
July 9, 2014, previously published on June 28, 2014
The California Department of Water Resources has released a draft of its 2014 Water-Energy Grant Program Guidelines and Proposal Solicitation Package. The Water-Energy Grant Program funds residential, commercial and institutional water-efficiency projects that reduce water and energy use and...

 

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...

 

HTMLNinth Circuit Overturns Los Angeles' Prohibition on the Use of Vehicles as "Living Quarters"
Tamara Bogosian, Paul A. Cappitelli, Thomas A. Rice, G. Ross Trindle; Best Best & Krieger LLP;
Legal Alert/Article
July 4, 2014, previously published on June 20, 2014
A three judge panel of the Ninth Circuit Court of Appeals held that a section of the Los Angeles Municipal Code prohibiting the use of a vehicle “as living quarters either overnight, day-by-day, or otherwise” is unconstitutionally vague under the due process clause of the Fourteenth...

 

HTMLRecent Amendments Give Municipalities More Control Over “Urban” Farming
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 23, 2014, previously published on June 19, 2014
Many are familiar with the Michigan Right to Farm Act (“RTFA”), which protects farmers against nuisance actions if their farm complies with the relevant Generally Accepted Agricultural and Management Practices (“GAAMPs”). GAAMPs are voluntary practice standards approved by...

 

HTMLTelecom Company Wins Transmission Case
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 23, 2014, previously published on June 17, 2014
A North Carolina court ruled that pole attachment rates charged by Rutherford Electric Membership Corporation were in violation of a North Carolina statute, according to the Federal Communications Commission rate formula. The issue revolves around the rates per pole that would be charged to telecom...

 

HTMLEIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and Evidence Supporting Measures’ Effectiveness in Substantially Reducing Air Quality Impacts Blamed
Jeffrey W. Forrest, Zak Welsh; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 16, 2014, previously published on June 11, 2014
Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California Environmental Quality Act by failing to adequately (1) analyze the health...

 


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