After the U.S. District Court for the District of North Dakota’s April 12 ruling, the majority of the United States can no longer implement or enforce the Biden administration’s definition of waters of the United States (WOTUS). This comes as a major blow to the administration that has repeatedly touted the so-called “durability
Biden Administration Considers Interrupting the “Law of the River” Status Quo
The U.S. Bureau of Reclamation has released its Near-term Colorado River Operations Draft Supplemental Environmental Impact Statement, analyzing three paths forward for managing the Colorado River in light of the potentially dire consequences if they fail to act. The Draft SEIS describes three potential choices without making a specific recommendation: (1)
BLM Approves the TransWest Express Transmission Project; This Is Good News and We Need More of It
Yesterday, the Bureau of Land Management announced that it has given final approval to the TransWest Express transmission line, a 732-mile project that will move electricity from a large wind farm in Wyoming to an interconnection point near Las Vegas. Most of the electrons will ultimately provide power to California. 
According to EnergyWire (subscription required),
House of Representatives Approves Class VI Primacy Amendment
On March 29 the US House of Representatives adopted by voice vote an amendment offered by Reps. Dan Crenshaw (R-TX) and August Pfluger (R-TX) to speed up Environmental Protection Agency (EPA) review of state applications for primacy to run the Class VI Underground Injection Control (UIC) program. The amendment was included in H.R. 1, the
Louisiana Court of Appeal Declines to Extend Bostock
In Gauthreaux v. The City of Gretna, 22-424 (La. App. 5 Cir. 3/29/23), ___ So.3d ___, 2023 WL 2674191, Louisiana’s Fifth Circuit Court of Appeal held that Louisiana’s statutory employment protections related to sex did not extend to sexual orientation and declined to extend the United States Supreme Court’s Bostock v. Clayton County, Georgia decision
First District Affirms Judgment Rejecting All CEQA Challenges To Oakland A’s Ballpark Development EIR Except Improper Deferral of Wind Impacts Mitigation
In a 72-page published opinion filed March 30, 2023, the First District Court of Appeal (Div. 4) affirmed in full the trial court’s judgment, which upheld the EIR for the Oakland Waterfront Ballpark District Project (project) with the sole exception of its wind mitigation measure. East Oakland Stadium Alliance, et al v. City of Oakland,
President Biden’s Second Veto Is on Congress’ Disapproval of EPA’s Revised Definition of WOTUS
President Biden issued his second veto late last week. The President’s second veto protects a U.S. EPA rule that went into effect on March 20, 2023. That rule redefines “waters of the United States” (WOTUS), and at a high conceptual level, returns the Agency’s interpretation of WOTUS to that of the Obama administration, an interpretation
Oakland and the A’s Prevail on All but One Minor Issue in Ballpark EIR Case; Wind Mitigation Found Inadequate
In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s stadium was largely satisfactory, but on a single point failed to adequately mitigate wind impacts.
The Oakland Waterfront Ballpark Project
Shale Law Weekly Review—Week of April 10, 2023
GHG Emissions: EPA Rubber-stamps New California Regulations for Heavy-duty on Road Vehicles and Engines
On March 30, 2023, the Environmental Protection Agency (EPA) granted two waiver requests sought by the California Air Resource Board (CARB) pertaining to the regulation of heavy-duty on road vehicles and engines. Specifically, CARB sought a waiver of the federal preemption
GHG Emissions Poll Provides Strategies for Business
84% of respondents believe there will be mandatory GHG disclosure regulations within the next 12 months