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Addressing Environmental Issues in Real Estate Development
The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more
On Saturday, March 4th, after more than 20 years in the making, nearly 200 countries agreed to protect marine life in international waters. The “High Seas Treaty” was developed to establish and manage marine protected areas...more
On February 28, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing Species Status Assessments (SSAs) as a tool to facilitate implementation of the...more
The penultimate article in our series on the Levelling-up and Regeneration Bill looks at the proposed replacement of the environmental assessment regimes, and key changes to heritage protection. Whilst lacking detail, the...more
The Ohio Department of Development (ODOD) released rules and associated program guideline documents (Brownfield Remediation and Building Demolition and Site Revitalization) to govern the disbursement of $500 million in total...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 23rd proposed Order and Assessment (“Order”) to Racetrac Petroleum, Inc. (“Racetrac”) related to the Tennessee rules addressing underground...more
EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more
With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more
Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more
On February 6, 2019, a federal judge upheld U.S. Fish and Wildlife Service’s (Service) 90-day finding that a petition to delist the endangered golden-cheeked warbler (Petition) did not present substantial information that...more
he Association of State Wetland Managers (“ASWM”) submitted February 5th comments to the United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) addressing the Wetland Conservation Compliance...more
The South Central Chapter of the Society of Wetland Scientists will hold its Fall 2018 meeting (“Meeting”) on October 10th-12th. The Meeting will be held in North Little Rock, Arkansas....more
The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more
Drone technology has a myriad of conservation and environmental-protection applications. Drones offer quick, easy and cost-effective aerial imaging as well as sensor and monitoring capabilities. Unlike traditional surveying...more
Earlier this week, the 7th Circuit affirmed the Department of Energy’s new energy efficiency requirements for commercial refrigeration equipment. This is a big deal in its own right, simply because the numbers are really...more
On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more
On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more
The Trans Mountain Expansion Project, which involves the proposed twinning of the existing Edmonton-Burnaby pipeline and the expansion of a marine terminal, was the subject of a number of court decisions last year involving...more