By Christopher W. Garrett, Daniel P. Brunton, Jennifer K. Roy and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued September 14, 2018, Inland Oversight Comm. v. City of San Bernardino, Case No. E064836, the California Court of Appeal affirmed the trial court’s decision dismissing the Inland Oversight … Continue Reading
The report supports the efforts of the EU’s Seventh Environment Action Programme. By Alexander Wilhelm According to a report prepared by the Joint Research Centre (JRC) — the European Commission’s science and knowledge service — countries across Europe are making progress on tackling soil contamination. The report[i] states that the management of contaminated sites in … Continue Reading
Fourth and Sixth Circuit decisions give power plant operators additional defenses to citizen suits pending potential Supreme Court review of “groundwater conduit” theory. By Joel C. Beauvais and Stacey L. VanBelleghem Over the past month, two US Courts of Appeals have rejected Clean Water Act (CWA) citizen suits seeking to hold power companies liable for … Continue Reading
Landmark ruling requires the European Commission to disclose impact assessments used as a basis for its legislative decision-making process. By Antonio Morales and Rosa Espín The Grand Chamber of the Court of Justice of the European Union recently issued a landmark judgment finding that impact assessments should be considered public documents. This decision sets a … Continue Reading
The precedent-setting legislation establishes a comprehensive liability scheme for soil contamination, increasing fines for pollution violations while creating tax benefits for remediating contaminated properties. By Paul Davies, Andrew Westgate, and Kimberly Leefatt The Standing Committee of the National People’s Congress, China’s highest legislative body, passed the nation’s first law dedicated to soil protection and pollution … Continue Reading
Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading
Officials seek to “improve the efficiency and cost effectiveness” of NRDAs — which could help expedite the resolution of claims. By Janice M. Schneider, Gary P. Gengel, Joel C. Beauvais, Kegan A. Brown, and Thomas C. Pearce On August 27, 2018, the US Department of the Interior (DOI) issued an Advance Notice of Proposed Rulemaking … Continue Reading
