Environment, Land & Resources

Category Archives: Project Siting and Approval

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What’s Next Following the Supreme Court’s Decision in Sackett v. EPA?

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance. By Michael G. Romey, Lucas Quass, and Peter R. Viola On May 25, 2023, by a narrow 5-4 majority, the US Supreme Court ruled in Sackett v. EPA that the Clean Water Act (CWA) … Continue Reading

US Supreme Court: Some Discharges Through Groundwater Require Permit

Decision concludes a permit is required if such discharges are the “functional equivalent” of a direct discharge to navigable waters. By Janice Schneider, Maria Hoye, and Ethan Prall On April 23, 2020, the Supreme Court of the United States issued an opinion in County of Maui, Hawai’i v. Hawai’i Wildlife Fund, holding that the Clean … Continue Reading

Trends in Public Utility Regulation: 5 Developments at the California Public Utilities Commission

Wildfires, ride-sharing, community choice aggregation, and more bring increased regulatory risk. By Marc T. Campopiano, Charles C. Read, and Brian F. McCall The California Public Utilities Commission (CPUC) has tremendous influence on public utility regulation in California and beyond. The CPUC has the biggest staff of any state utilities commission and has issued fines and … Continue Reading

EPA’s Proposed Coal Ash Permit Program: 6 Key Points

The proposed federal permitting regime includes some surprising provisions, including no permit expiration and no proposed application deadline for most units. By Claudia M. O’Brien and Stacey L. VanBelleghem On December 19, 2019, the US Environmental Protection Agency (EPA) released a proposed rule to establish a federal permitting program under the Resource Conservation and Recovery … Continue Reading

Air District Targets Southern California Logistics Industry

A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. By Joshua T. Bledsoe The South Coast Air Quality Management District (SCAQMD or District) is developing a so-called Indirect Source Rule (ISR) that would require Southern California warehouses to reduce … Continue Reading

How the Friant Ranch Decision Continues to Impact CEQA Compliance

A new webcast reveals the latest trends and approaches to CEQA compliance as the development and environmental communities react to changing law. By Marc T. Campopiano, Christopher W. Garrett, and Jennifer K. Roy On July 24, 2019, Latham & Watkins’ Project Siting & Approvals Practice hosted a 60-minute webcast, “Friant Ranch: Impact of California Supreme … Continue Reading

China Publishes Public Consultation on Environmental Protection Regulations for Construction Projects

MEE Opinions aim to clarify application of laws, expand the scope of illegal behaviour, and introduce new administrative penalties. By Paul A. Davies and R. Andrew Westgate The Department of Laws, Regulations, and Standards of China’s Ministry of Ecology and Environment (MEE) recently issued a notice of Public Consultation for the Opinions on Several Issues … Continue Reading

EU Introduces Single-Use Plastics Directive to Promote a Circular Economy

The Directive aims to reduce the impact of plastic products and therefore help protect the environment and human health. By Paul A. Davies and Michael D. Green On June 12, 2019, a new directive was published that aims to help protect land and marine environments, as well as human health. The mandate — Directive (EU) … Continue Reading

UK Treasury Committee Launches Inquiry Into Decarbonization And Green Finance

The seven-week inquiry will assess the potential impact of decarbonization on the UK economy, and examine opportunities for the growth of green finance. By Paul A. Davies and Michael D. Green On World Environment Day, June 5, 2019, the UK Treasury Committee (the Committee) launched an inquiry into the decarbonization of the UK economy and … Continue Reading

Committee on Climate Change Recommends UK Government Adopt 2050 Net-Zero Greenhouse Gases Budget

The Committee has recommended that the UK government take the lead in reaching net-zero, through social, financial, and policy change. By Paul A. Davies and Michael D. Green The Committee on Climate Change (CCC), a statutory body that advises the UK government on carbon budgets, has recommended that the UK government should commit to cutting … Continue Reading

China Aims to Boost Investment in Clean Energy

The Green Industry Guidance Catalogue attempts to provide consistent nationwide guidelines for green industries and projects. By Paul A. Davies and R. Andrew Westgate Background On 6 March 2019, seven Chinese regulatory agencies issued the Green Industry Guidance Catalogue (the Catalogue) listing “green industries” that are eligible for funding with green bonds. The seven agencies … Continue Reading

German Government Commission Agrees to Phase Out Coal Power Plants by 2038

The Coal Commission’s phase-out proposal includes a €40 billion federal spending package for affected states. By Jörn Kassow and Patrick Braasch A German government-appointed body, known colloquially as the “Coal Commission”, has agreed to end coal-fired power generation by 2038. In an effort to meet Germany’s climate goals under the Paris Agreement, the Coal Commission … Continue Reading

California Court of Appeal Agrees Two Activities Constitute One CEQA Project

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Christopher W. Garrett, Daniel Brunton, James Erselius, and Derek Galey In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part of the County of Ventura and the City of Fillmore’s … Continue Reading

Amendments to CEQA Guidelines Now in Effect

California Natural Resources Agency adopts final amendments to CEQA Guidelines, providing additional clarifying revisions to GHG impacts, baseline, and deferral of mitigation amendments. By Marc Campopiano, Winston Stromberg, and Samantha Seikkula The California Office of Administrative Law recently approved a suite of amendments to the CEQA Guidelines, which are now in effect. Latham wrote about … Continue Reading

California Court of Appeal Upholds Ruling on Area Plan Modifications

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Lauren Glaser, and Natalie C. Rogers In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427, the California Court of Appeal rejected the Center for Biological Diversity’s (Petitioner) appeal … Continue Reading

California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court of Appeal affirmed the trial court’s decision dismissing the … Continue Reading

California Court of Appeal Upholds Noise Analysis in Negative Declaration

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Megan K. Ampe, James A. Erselius In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial court’s judgment upholding the City of Santa Rosa’s (City’s) negative declaration … Continue Reading

California Appeals Court Determines Threshold and Scope for EIR Requirement

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading

California Appeals Court Determines When a Second Challenge Meets Res Judicata

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Lucas I. Quass, Peter J. Gutierrez, and Roopika Subramanian In a partially published opinion issued September 18, 2018, Atwell v. City of Rohnert Park, Case No. SCV256891, the California Court of Appeal affirmed the trial court’s judgment that the petition for writ of mandate challenging … Continue Reading

California Appeals Court Upholds Dismissal of Duplicative CEQA Claim

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

New JRC Report Reviews Progress in Tackling Soil Contamination

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
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