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The Fourth District Court of Appeal in Historic Architecture Alliance v. City of Laguna Beach (2023) 96 Cal.App.5th 186, found that the City of Laguna Beach’s (“City”) findings for the use of the Class 31 California Environmental Quality Act (CEQA) exemption to approve the renovation and extension of a historic single-family home (“Project”), and the

The US Environmental Protection Agency (EPA) has finalized a new regulation to implement the Clean Water Act (CWA) section 401 water quality certification program. Continuing the recent practice of promulgating regulations and then promptly replacing them, EPA’s “CWA Section 401 Water Quality Certification Improvement Rule”(the 2023 Rule) replaces the “Clean Water Act Section 401 Water

From November 9-11, 2023, six Penn State Law students joined Center staff to attend the American Agricultural Law Association’s 2023 Annual Educational Symposium in Charlotte, NC. The AALA Annual Symposium is a national CLE conference attended by hundreds of attorneys from across the United States. At the Symposium, Center staff and students attended a variety

The U.S. Environmental Protection Agency (EPA) has finalized a new regulation to implement the Clean Water Act (CWA) section 401 water quality certification program. Continuing the recent practice of promulgating regulations and then promptly replacing them, EPA’s “CWA Section 401 Water Quality Certification Improvement Rule”(the 2023 Rule) replaces the “Clean Water Act Section 401 Water

Pesticides/Herbicides: Circuit Court Rules California’s Glyphosate Warning Requirement Violates First Amendment
On November 7, 2023, the U.S. Court of Appeals for the Ninth Circuit released an opinion holding California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate violated the First Amendment of the U.S. Constitution. National Association of Wheat Growers v. Bonta, No. 20-16758

GHG Emissions: PA Commonwealth Court Finds State Membership in Carbon Emissions Trading Alliance Illegal
On Wednesday, November 1, 2023, the Commonwealth Court of Pennsylvania granted a request for declaratory and injunctive relief filed by numerous private companies and individuals in the fossil fuel industry acting as petitioners in a lawsuit against the Pennsylvania Department of

The Sixth District Court of Appeal, in Santa Rita Union School District v. City of Salinas (2023), 94 Cal.App.5th 298, reversed the lower court, finding that the City of Salinas’ (“City”) final programmatic environmental impact report (EIR) for the West Area Specific Plan (“Specific Plan” or “Project”) did not need to analyze the impacts

By Adam R. YoungA. Scott HeckerPatrick D. JoyceDaniel R. Birnbaum and Craig B. Simonsen

Seyfarth Synopsis: Here we go again. The impending federal government shutdown may suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA.

The federal government is currently funded through November 17,

Originally posted by the American College of Environmental Lawyers, November 9, 2023.

On November 3, 2023, the White House Council on Environmental Quality (CEQ) released a playbook for federal agencies to develop their Environmental Justice Strategic Plans, Strategic Planning to Advance Environmental Justice. This tool provides a ‘how to guide’ for federal agencies working