Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
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Hot Topics for Waste-to-Energy Investors and Developers
New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023...more
Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders...more
A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more
Assembly Bill 52 (AB 52) requires public agencies to consult with tribes during the California Environmental Quality Act (CEQA) process. On March 14, 2025, in Koi Nation of Northern California v. City of Clearlake, the First...more
While the Trump Administration has rolled back federal environmental justice initiatives and taken efforts toward expediting federal environmental review processes, the New York State Department of Environmental Conservation...more
Several modest amendments to CEQA took effect on Jan. 1, 2024. Our CEQA News You Can Use team summarized a few of changes to keep in mind in the new year....more
Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more
On Tuesday, November 28, 2023, Massachusetts released an updated version of the State Hazard Mitigation and Climate Adoption Plan, the “ResilientMass Plan.”...more
On June 12, 2023, each house of the California State Legislature released the proposed language of the Budget Act of 2023. The Legislature’s proposal excludes the California Environmental Quality Act (CEQA) and permit...more
In this alert, Brownstein outlines Gov. Gavin Newsom’s latest swing at the California Environmental Quality Act (CEQA) and provides the updates (and potentially what to expect) regarding two new bills introduced by Sen. Scott...more
Summary - The nation’s first variable tolling program in a central business district (CBD) reached a new milestone, bringing New York City’s Metropolitan Transportation Authority (MTA) closer to its goal of launching...more
Noisy college students, the new CEQA impact? Would you be surprised to learn that college students can throw noisy parties? Uh, no, but it may be a surprise that they constitute a potentially significant environmental impact...more
Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more
The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius...more
Biden restores stricter environmental review of big projects under NEPA Bullet Associated Press - April 19 The Biden administration is restoring federal regulations that require rigorous environmental review of major...more
The California Legislature and Governor approved three key housing bills in 2021, to facilitate housing production in California. SB 8 (Senator Skinner) extends and expands the Housing Crisis Act of 2019 (SB 330). SB 9...more
The City of San Diego’s approval of underground utility lines was incomplete because its Climate Action Plan checklist improperly allowed certain non-occupancy projects to avoid greenhouse gas emission (GHG) consistency...more
While the 2020-2021 California Legislative Session was dominated by the ongoing COVID-19 health crisis and the ultimately unsuccessful Gubernatorial recall election, there were significant efforts made to change statewide...more
On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley. The Court held that the City...more
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more
The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more
Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 31st management alert titled: Prompt Action Needed to Inform Residents Living Near Ethylene Oxide-Emitting...more
In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219,...more
California Department of Fish and Wildlife Annual Adjustments - The California Department of Fish and Wildlife announced an increase in filing fees for all California Environmental Quality Act Notices of Determination...more