LexisNexis® Legal Newsroom
FREE DOWNLOAD: Texas Wind Law – § 1.04 Wind Farm Fundamentals

This free download is an excerpt from Texas Wind Law, the first comprehensive treatise on the laws of wind energy now available for presales. Wind law is a burgeoning area of energy law as the U.S., and especially Texas, tries to diversify sources of alternative energy. With so much happening so quickly...

The California Environmental Quality Act's Other 'E': The Often Important Role of Economic Data in the Environmental Review Process

By Arthur Pugsley, Attorney, Chatten-Brown & Carstens This article highlights the potentially critical role that economic data can play in the environmental review process under the California Environmental Quality Act. It discusses regulations on economic data that may conflict with the statutory...

Columbia Law School Center for Climate Change Law: Green vs. Green: Litigation For and Against Solar Power in California

By Laura Mulry, Fellow, Center for Climate Change, Columbia Law School April 2011 was an eventful month for massive solar projects in California and their unlikely opponent: the desert tortoise. As climate change, overpopulation, and development place ever more plant and animal species at risk of...

Litigation For And Against Solar Power In California

By Laura Mulry, Fellow, Center for Climate Change, Columbia Law School April 2011 was an eventful month for massive solar projects in California and their unlikely opponent: the desert tortoise. As climate change, overpopulation, and development place ever more plant and animal species at risk of...

Recent California Decisions Favor Solar Developers Over Environment

By Laura Mulry, Fellow, Center for Climate Change, Columbia Law School April 2011 was an eventful month for massive solar projects in California and their unlikely opponent: the desert tortoise. As climate change, overpopulation, and development place ever more plant and animal species at risk of extinction...

Coal Exports to China and Rising Temperatures

By J. Wylie Donald, Partner, McCarter & English Front page news in Baltimore early in June were two stories. The first notes record temperatures in Maryland in the first full week of June, 2011. The second was a lead article on June 12 on the record year the Port of Baltimore is having moving...

California Supreme Court upholds municipal ban on plastic bags

In June 2008, the city manager of Manhattan Beach (a small, beach-front community in Southern California) issued a staff report recommending the adoption of an ordinance banning the use of "point-of-sale plastic carry-out bags" in the city. The proposed ordinance included a finding that the...

Demystifying CEQA's Cumulative Impact Analysis Requirements: Guidance for Defensible EIR Evaluation

By Ms. Nicole Hoeksma Gordon and Mr. Albert Herson, Attorneys, The Sohagi Law Group Get the latest on issues agencies face when conducting a "cumulative impact analysis" in an Environmental Impact Report in California. The article identifies legal requirements and provides practical strategies...

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

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 Montana federal district court that the U.S. Forest Service...

Streamlining in the Name of Economic Improvement and Job Creation Dominates 2011 California Environmental Quality Act ("CEQA") Legislation

By Mr. Ron Bass and Mr. Al Herson I. Introduction to 2011 CEQA Legislation In a last minute flurry of activity, three bills dominated the California Legislature's attention to CEQA during the final week of the session, and were signed into law. All three bills are based on a common principle...

Sheppard Mullin Richter & Hampton LLP: Neither CEQA nor the Public Trust Requires Exclusion of Current Conditions in Determining Baseline for Purposes of Lease Renewal on Tide and Submerged Lands

Citizens for East Shore Parks, et al. v. California State Lands Commission (Chevron U.S.A, et al., real party in interest) , No. A129896 (Cal. Ct. App. 1st Dist., December 30, 2011, modified on denial of rehearing No. A129896M, Jan. 27, 2012.) . By Michael Gibson The proper baseline for analyzing...

California High-Speed Rail on Track? Bridging the Gap Between Competing Land Use Issues with the California High-Speed Rail Project

By Kevin J. Grochow* * J.D. Candidate, Chapman University School of Law, May 2012; B.A. History, University of California, Irvine, June 2007. Excerpt from California High-Speed Rail on Track? Bridging the Gap Between Competing Land Use Issues with the California High-Speed Rail Project , 15...

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal tools used in such litigation is the citizen-suit...

Sheppard Mullin Richter & Hampton LLP: California Supreme Court Denies Review of Case Holding that CEQA Does Not Require Analysis of Effects on a Project Caused by the Environment

By Michael Hansen The California Supreme Court unanimously declined to hear a challenge to the revised environmental impact report for the Playa Vista development in Los Angeles in Ballona Wetlands Land Trust v. City of Los Angeles [ enhanced version available to lexis.com subscribers ], resulting...

Sheppard Mullin Richter & Hampton LLP: Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al ., B232655 (2nd Dist. Div. 8, April 17, 2012) By Daniel Bane In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al . (" Neighbors for Smart Rail "), the California Court of Appeal...

Reed Elsevier Participates In 2012 World Environment Day

Mark Armour, Chief Financial Officer, Reed Elsevier Group plc, is delighted to herald United Nations World Environment Day which will take place on Tuesday, 5 June - the most widely celebrated global day for positive environmental action. The 2012 World Environment Day focus is 'Green Economy: does...

State Net Capitol Journal Legislative Updates: Connecticut Moves To Control Runaway Bamboo

ENVIRONMENT: The CONNECTICUT Senate approves a bill that would impose a $100 fine on residents who fail to control the growth of bamboo on their property and require people who sell or install running bamboo to educate customers on the plant's growing habits and recommended containment methods. The...

New York City Proposes Expansion of Actions Exempt from CEQR

The New York State Environmental Quality Review Act (SEQRA) requires actions that may have a significant adverse environmental impact to undergo review. The City Environmental Quality Review (CEQR) contains the City of New York’s procedures for complying with SEQRA. The State statute lists certain...

New CCCL Paper- Reverse Environmental Assessment Analysis For The Adaptation Of Projects, Plans And Programs To The Effects Of Climate Change In The EU

By Teresa Parejo Navajas, Associate Professor of Law. Universidad Carlos III de Madrid (Spain), Visiting Scholar at the Center for Climate Change Law (Columbia University) Columbia’s Center for Climate Change Law has published a new white paper analyzing the Reverse Environmental Assessment...

D.C. Circuit Ruling Has Potential Implications for Natural Gas Pipeline and LNG Projects Under FERC Environmental Review

A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit, [ enhanced version available to lexis.com subscribers ], rejected certain portions of an environmental analysis conducted by the Federal Energy Regulatory Commission (FERC or "Commission"). This turn of events...

Alaska District Court Considers “Reverse Environmental Impact” in Issuance of Section 404 Permit

The National Environmental Policy Act of 1970 (NEPA) requires federal agencies to prepare environmental impact statements (EISs) for all “major Federal actions significantly affecting the quality of the human environment.”[1] This includes the issuance of federal permits. Even after an EIS...

Should Energy Board Consider Climate Before Approving Pipelines?

By Meredith James Can, and should, the National Energy Board consider climate impacts before approving oil pipelines? The federal government says no, objectors say yes. Now the courts must decide. The Trans Mountain Pipeline expansion would increase the capacity of the current 1,150 km pipeline...

Federal Agencies Acknowledge the Importance of Preparing Infrastructure for Climate Change But Rarely Act on Climate Projections

Jessica Wentz Associate Director and Postdoctoral Fellow Although it has become more common for agencies in preparing environmental impact statements (EISs) to acknowledge the impacts of climate change on a project and its affected environment, it is still quite rare for agencies to accurately...

Sabin Center Files Comments on Alaska LNG Project

By Justin Gundlach, Climate Law Fellow The Alaska Liquefied Natural Gas (LNG) Project is enormous. It is designed to link natural gas drilling operations on the North Slope of Alaska to liquefaction facilities in Nikiski (south of Anchorage) via an 800-mile pipeline. The Natural Gas Act assigns the...

The Environmental Consequences Of A Wall On The U.S.-Mexico Border

Leah Donnella, NPR, Feb. 17, 2017 - "Environmentalists and civil rights activists say the proposed wall on the southern border with Mexico is a threat to the environmental rights of the people who live on both sides of the border."