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Fourth District Belatedly Publishes CEQA Opinion Upholding City of Newport Beach’s Approval of Multifamily-Housing Development Pursuant To Addendum To 2006 EIR For Larger Mixed-Use Development

CEQA Developments

Note: Miller Starr Regalia attorneys Ken Stahl and Matt Henderson represented intervenors YIMBY Law and People for Housing Orange County (a chapter of YIMBY Action) in the Olen litigation.) That year the City prepared an environmental impact report for its general plan update (2006 EIR), which included residential development at the Center.

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Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws

Law and Environment

Environmental Protection Agency , which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. United States , 547 U.S.

Law 130
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Judicial Deference to Agencies: A Timeline

Legal Planet

In the meantime, it’s illuminating to put the current dispute in the context of the last 80 years of judicial doctrine regarding deference to agencies on issues of law. Bumpers Amendment introduced in Senate, intended to eliminate judicial deference to agencies on questions of law. Skidmore v. Swift & Co. decided by Supreme Court.

2001 162
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Maryland Resets it Trajectory with Greenhouse Gas Reduction Law

Greenbuilding Law

With legislation that became law last week, without the Governor’s signature, Maryland has enacted the most rigorous state law in the country reducing greenhouse gas (GHG) emissions and otherwise addressing ESG stewardship including climate change. only days from now). only days from now).

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Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute

The Energy Law Blog

21-30163, the Fifth Circuit applied a plain reading of the Sackett test without deferring to the agency’s interpretation, finding the facts demonstrated “simply no connection whatsoever” between alleged wetlands and a relatively permanent body of water connected to interstate navigable waters. In Lewis v. United States , Case No.

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

2006)- Plurality decision which includes test adopted by Justice Kennedy known as the “significant nexus test” which extended federal jurisdiction to non-adjacent wetlands. Under the significant nexus test, a wetland that was connected to a less than permanent stream (i.e.

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

2006)- Plurality decision which includes test adopted by Justice Kennedy known as the “significant nexus test” which extended federal jurisdiction to non-adjacent wetlands. Under the significant nexus test, a wetland that was connected to a less than permanent stream (i.e.