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Karuk Tribe of California v. U.S. Forest Service: consultation with wildlife agencies required for mining activities to proceed pursuant to a notice of intent

Alston & Bird LLP
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USA
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June 4 2012

On June 1, 2012, the Ninth Circuit Court of Appeal ruled that the U.S. Endangered Species Act (ESA) requires the U.S. Forest Service to consult with federal wildlife agencies prior to allowing mining activities to proceed under a Notice of Intent (NOI) in critical habitat of a listed species

Sacketts v. United States EPA: the U.S. Supreme Court rules that EPA compliance orders for violation of the Clean Water Act are judicially reviewable

Alston & Bird LLP
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USA
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March 21 2012

Today, the United States Supreme Court, in Sackett v. U.S. Environmental Protection Agency, held that a compliance order issued by the U.S. Environmental Protection Agency (EPA) for alleged violations of the Clean Water Act (CWA) was a “final agency action” under the Administrative Procedure Act (APA) and was judicially reviewable as the CWA does not preclude judicial review under the APA

Ballona Wetlands Land Trust v. City of Los Angeles, (2d Dist., Nov. 9, 2011) Cal.App.4th (Case No. b231965)

Alston & Bird LLP
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USA
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December 22 2011

In Ballona Wetlands Land Trust v

The Council on Environmental Quality issues new NEPA mitigation guidance

Alston & Bird LLP
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USA
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January 24 2011

National Environmental Policy Act ("NEPA"), the Council on Environmental Quality ("CEQ") issued new guidance ("Guidance") on the appropriate use of mitigation in NEPA documents - most importantly, upholding mitigation to support the preparation of a Findings of No Significance Impacts ("FONSI") and accordingly, avoid more strenuous NEPA review - and the monitoring of such mitigation measures

Critical habitat is designated for the polar bear under the federal Endangered Species Act

Alston & Bird LLP
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USA
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November 29 2010

On May 15, 2008, the polar bear was listed as threatened under the Endangered Species Act due to loss of sea ice habitat caused by climate change, oil and gas operations, subsistence harvest, shipping, and tourism

Prop 23 won’t derail climate change

Alston & Bird LLP
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USA
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October 14 2010

Proposition 23 may be the most controversial of the many voter initiatives on this year's ballot

Newly enrolled California Senate Bill 1207 would require fire hazards be regularly considered under a general plan’s safety element and the California Environmental Quality Act

Alston & Bird LLP
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USA
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September 9 2010

California SB 1207 requires that a general plan's safety element be reviewed and updated, if necessary, to address the risk of fire in state responsibility areas and very high fire hazard severity zones

California Senate Bill proposes process for CEQA mediation

Alston & Bird LLP
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USA
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August 27 2010

California Senate Bill 1456 proposes a process for mediation proceedings in California Environmental Quality Act ("CEQA") cases

California Fish and Game Commission to consider listing of the mountain yellow-legged frog

Alston & Bird LLP
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USA
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July 12 2010

On August 5, 2010, the California Fish and Game Commission will consider whether to accept a petition submitted by the Center for Biological Diversity to list as endangered under the California Endangered Species Act two species of the mountain yellow-legged frog, one that lives in the mountains of Southern California and the other in the Sierra Nevada

Communities for a Better Environment v. City of Richmond: climate change mitigation measures do not stand muster under CEQA

Alston & Bird LLP
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USA
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June 15 2010

In Communities for a Better Environment v. City of Richmond, the California Court of Appeals overturned an Environmental Impact Report (EIR) for the retrofitting and expansion of an oil refinery

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