Environmental Law & Climate Change Community Land Use

Flood Insurance Guidance Announced By Federal Agencies

BallardSpahr@placeholder.com (Ballard Spahr LLP) — Wed, 17 Apr 2013 17:11:00 -0400

By the Ballard Spahr LLP Mortgage Banking Group

The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the Biggert-Waters Flood Insurance Reform Act of 2012 (Act), enacted on July 6, 2012. Participating in the guidance were the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the National Credit Union Administration.

In Financial Institution Letter 14-2013, the agencies state that the Act's increased penalties for FDPA violations

Property Owner Allowed To Pursue Just Compensation Claim Over Rails To Trails Taking Of Easement

wppendley@mountainstateslegal.com (William Perry Pendley) — Tue, 09 Apr 2013 10:13:00 -0400

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation

A Wyoming man whose lawsuit-in the U.S. Court of Federal Claims in Washington, D.C. for "just compensation" for use of his private property as a federal trail-was dismissed in November 2011, has won a victory when the U.S. Court of Appeals for the Federal Circuit reinstated his lawsuit, Brandt v. United States, 2013 U.S. App. LEXIS 5948 (Fed. Cir. Mar. 26, 2013) [enhanced version available to lexis.com subscribers]. Marvin M. Brandt of Fox Park, who claims title to a railroad right-of-way and a road that accesses his property, asserts that, but for a

State Net Capitol Journal Legislative Updates: NY, NJ Take Different Paths To Sandy Recovery

StateNet@placeholder.com (State Net) — Mon, 01 Apr 2013 10:33:00 -0400

NY, NJ TAKE DIFFERENT PATHS TO SANDY RECOVERY: New Jersey Gov. Chris Christie (R) and New York Gov. Andrew Cuomo (D) are taking vastly different approaches to residents seeking to rebuild their coastal homes destroyed by Hurricane Sandy. Christie wants them to stay and to rebuild and is willing to pay them to do it. Cuomo is also willing to shell out cash incentives, but only to those residents who will agree to rebuild elsewhere.

Both plans, which were revealed last week, would utilize federal Hurricane Sandy relief funds. Christie supports a plan that would give Garden State owners of flood-damaged coastal homes $10,000 to stay and rebuild, provided they agree to remain there for at least two years. Cuomo

Mountain States Legal Foundation: Miners Rebut Feds & Environmentalists; Claim Land Law Is Unconstitutional

wppendley@mountainstateslegal.com (William Perry Pendley) — Mon, 25 Mar 2013 10:20:00 -0400

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation

A 117-year-old nonprofit, non-partisan mining trade association with thousands of members has rebutted arguments by federal lawyers and environmental groups in urging an Arizona federal district court to strike the lock-up of a million acres of federal land in northwestern Arizona because of an unconstitutional federal land law. The Northwest Mining Association (NWMA) of Spokane, Washington, claimed in a March 2012 complaint that Interior Secretary Salazar's January 2012 order withdrawing the land from entry under the General Mineral Law and blocking access to hundreds of millions of pounds of the highest-grade uranium ore in the nation violates federal laws. Earlier in January, the district court rejected a Salazar motion

Mountain States Legal Foundation: Supreme Court Must Hear Western “Takings Clause” Case

wppendley@mountainstateslegal.com (William Perry Pendley) — Wed, 13 Mar 2013 09:03:00 -0400

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation

A western, nonprofit, public-interest legal foundation with decades of experience defending the rights of westerners against the federal government has urged the Supreme Court of the United States to hear a case from Nevada in which actions of the U.S. Forest Service caused the taking of private property without compensation. Mountain States Legal Foundation (MSLF), in a powerful friend of the court brief, urged the Court to hear the landmark and long-enduring litigation. The first lawsuit in the case, which involves Forest Service managed lands used by the family for cattle grazing and the family's private water rights, was filed in 1991.

U.S. Court of Appeals for the Ninth Circuit. The Northwest Mining Association (NWMA) of Spokane, Washington filed a friend of the court brief in support of a petition for writ of certiorari filed by American Independence

Roadless Rule Emerges Victorious From Decade of Legal Challenges

Sun, 02 Dec 2012 16:23:00 -0400

By Mr. Michael Anderson

Get the latest expert analysis on the federal "Roadless Area Conservation Rule," which bans road building and logging on millions of acres of national forest land in numerous states. This article includes an overview of the extensive roadless rule litigation and discusses implications of the U.S. Supreme Court's October 2012 decision not to review a Tenth Circuit opinion.

Excerpt from the Commentary:

The Struggle Over the Mississippi River Basin

tjanzenpsrb@gmail.com (Todd Janzen) — Wed, 06 Jun 2012 14:51:00 -0400

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP

While most farmers go quietly about their spring planting this year, a storm is brewing over the Mississippi River Basin of which few are probably aware. I am referring to the legal struggle over establishing "numeric nutrient criteria" for the Mississippi watershed, that would set numeric thresholds

Marten Law on PPL Montana, LLC v. State of Montana: Supreme Court Reverses Montana High Court in Rent for Riverbeds Case

RussellPrugh@placeholder.com (Russell Prugh) — Wed, 18 Apr 2012 19:35:00 -0400

By Russell Prugh, Associate, Marten Law PLLC

In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses the U.S. Supreme Court's reversal of a decision by the Montana Supreme Court that required a hydroelectric dam operator to pay the State of Montana back rent for the use of state-owned riverbeds. The U.S. Supreme Court held that the state high court incorrectly applied the "navigability-for-title" or "navigability-in-fact" test.

By Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC

In this Emerging Issues Analysis, Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC discuss the U.S. Supreme Court's unanimous decision in Sackett v. EPA, striking down EPA's ban on "pre-enforcement review" of administrative compliance orders issued under the Clean

LexisNexis® Environmental Law and Climate Change Community Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.

Lnstaff@community.com (LexisNexis Community Staff) — Thu, 29 Mar 2012 13:00:00 -0400

On this edition, Brad Marten of Marten Law in Seattle discusses the U.S. Supreme Court's decision in Sackett v. EPA. The unanimous high Court found that an Idaho couple could appeal an administrative compliance order issued by the EPA under the Clean Water Act. Mr. Marten explains the background of the case and how it may be viewed both narrowly and broadly. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/community/environmental-climatechangelaw.

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Mon, 26 Mar 2012 14:08:00 -0400

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be reviewed under the Administrative Procedures Act (APA) (Chantell Sackett, et al.v. U.S. Environmental Protection Agency, No. 10-1062, U.S. Sup., 2012 U.S. LEXIS 2320).

(Lexis.com subscribers may also access the

Montana Homeowners Battle Forest Health (Timber Removal) Delay Demand By Environmental Groups

wppendley@mountainstateslegal.com (William Perry Pendley) — Wed, 30 Nov 2011 14:55:00 -0400

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation

DENVER, CO. - Two Montanans have urged the U.S. Court of Appeals for the Ninth Circuit to reject a motion to stay a July 2011 ruling by a By Steven Jones, Partner, Marten Law PLLC

"The U.S. Supreme Court's new term has just begun. There are two environmental cases on the Court's docket," reports Steve Jones. "The first, PPL Montana, LLC v. State of Montana, presents the question of who owns the beds and banks of three Montana rivers

Flooding from Irene: Whither the Flood Plain?

jdonald@mccarter.com (J. Wylie Donald) — Wed, 07 Sep 2011 15:21:00 -0400

By J. Wylie Donald, Partner, McCarter & English

My train this morning usually continues to New York. Today it terminated in Philadelphia, a victim of the deluge delivered by Hurricane Irene. Amtrak explained:

Most Northeast Regional service will operate south of Philadelphia, but no Acela Express, Northeast Regional

Legal News Podcast - Supreme Court: Wyoming Farmers Permitted to Use Sprinkler Irrigation Affecting Yellowstone River

Tue, 10 May 2011 10:11:00 -0400

The Supreme Court finds modern irrigation methods do not violate the water rights of several states, and, a class action lawsuit seeks $50 million from Google for tracking cell phone users' locations. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright© 2011 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys

UNFCCC makes major step towards incentivising wetland restoration

MDowden@placeholder.com (Malcolm Dowden) — Fri, 18 Jun 2010 04:14:00 -0400

By Malcolm Dowden, Solicitor and Environmental Law Consultant

Despite widespread disappointment at the outcome of last year’s climate change summit in Copenhagen, quiet but significant progress

California Environmental Law and Land Use Practice

Wed, 04 Mar 2009 20:14:00 -0400

Zoning and Land Use Controls

Mon, 09 Feb 2009 11:43:00 -0400