Back in 2019, we wrote a post about the surprising connection between the Endangered Species Act (ESA) and the National Flood Insurance Program (NFIP). That post concluded with the following:
It looks like the Federal Emergency Management Agency (FEMA) will be forced to address ESA compliance on a state-by-state basis, unless it can develop a
The Department of Interior announced on Monday, May 22, 2023 an agreement with the Lower Basin states to conserve 3 million acre-feet (“MAF”) of water in Lake Mead for the next four years, with 2.3 MAF paid for with funding from the Inflation Reduction Act. The balance of 700,000 acre-feet will need to be
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission guidelines” for states to use in developing standards for existing gas- and coal-fired power plants.
On May 1, 2023, the U.S. Supreme Court granted certiorari to Loper Bright Enterprises v. Raimondo [1] – a D.C. Circuit decision that upheld agency deference under Chevron v. Natural Resources Defense Council. [2] Chevron has stood for nearly 40 years on the principle that agencies should be armed with the flexibility
On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule to promote the conservation of the 245 million acres of public lands it manages. The proposal purports to advance “BLM’s mission to manage the public lands for multiple use and sustained yield by prioritizing the health and resilience of ecosystems across
Air Quality: The EPA Announces Proposed Standards for Carbon Emissions from Fuel Fired Power Plants
On Thursday, May 11, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule which would impose new standards for carbon emissions for coal and natural gas power plants. The EPA is proposing these new standards under the Clean
Water Quality: Consent Decree Directs Ohio EPA to Develop Western Lake Erie Watershed TDML
On April 25, 2023, the U.S. District Court for the Northern District of Ohio Toledo Division issued a consent decree directing the Ohio Environmental Protection Agency (Ohio EPA) to develop a Total Maximum Daily Load (TMDL) for the Maumee River Watershed.
On April 21, 2023, President Biden signed an executive order (EO) purporting to strengthen environmental justice (EJ)—“Revitalizing Our Nation’s Commitment to Environmental Justice for All.” This is the first revamp of President Bill Clinton’s 1994 EO 12898 which has guided agencies for nearly two decades. Biden’s EO directs the Environmental Protection Agency (EPA) and other agencies to focus on the disproportionate impacts to low-income and other disadvantaged communities. According to the White House fact sheet, these agencies must address cumulative impacts of pollution and climate change when promulgating agency action. The fact sheet lists three key initiatives that the Administration says will “make meaningful changes in communities” and build on Biden’s environmental “progress” thus far. The initiatives are as follows:
In an opinion filed April 18, and belatedly ordered published on May 10, 2023, the Sixth District Court of Appeal upheld the City of San Jose’s (City) certification of a final Supplemental EIR (FSEIR) for development of three high-rise office towers (the “Project”) on an eight-acre downtown site containing several historic structures which the Project required to be demolished. Preservation Action Council of San Jose v. City of San Jose (SJ Cityview, LLC, Real Party in Interest) (2023) 91 Cal.App.5th 517. In affirming the trial court’s judgment denying Preservation Action Council of San Jose’s (Appellant) petition for writ of mandate, the Court rejected Appellant’s arguments that the FSEIR failed to adequately analyze and provide compensatory mitigation for the historic buildings and failed to adequately respond to comments on those issues.
