Remove category court-decisions
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The Latest in the Mountain Valley Pipeline Case

Legal Planet

The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. But this time I think the Court got it right. The statutory provision upholding the pipeline was part of the 2023 debt ceiling law. On the one hand, Congress clearly has no business telling a court how to decide a particular case.

Law 228
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Wetlands Protection Update

Smith Enviorment

October 30, 2023. Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. This post provides an update on federal implementation of the Sackett decision and new information on the impact of the wetlands provision in the N.C. Farm Act (Senate Bill 582/ Session Law 2023-63).

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N.C. Water Quality Legislation (2023)

Smith Enviorment

December 14, 2023. General Assembly returned to a very aggressive effort to influence environmental rules in 2023. Farm Act of 2023 (Senate Bill 582) and the Regulatory Reform Act of 2023 (House Bill 600) all contained provisions weakening existing environmental protections and in some cases preventing adoption of new standards.

2023 52
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Recap of 2023 CEQA Amendments Now In Effect

CEQA Developments

As previously summarized here , the First District Court of Appeal (Division 5) in Save Berkeley’s Neighborhoods held that the university’s enrollment increases were not statutorily exempt under Public Resources Code section 21080.09, which requires an EIR for long range development plans (“LRDPs”). The bill also amends Section 21080.09

2023 76
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Post-Sackett Wetland Delineation Process Raises Questions

Ohio Environmental Law

Back on August 29, 2023, U.S. Supreme Court in Sackett v. See, prior post discussing Sackett) The Court limited federal jurisdiction to only wetlands that are adjacent to navigable waters and those with a continuous surface connection to relatively permanent waters adjoining navigable waters. (See,

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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

Sometimes the most monumental Supreme Court decisions spring from the most modest facts. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. 598 U.S. , (2023) (slip. EPA , 598 U.S. at 27) (internal punctuation and citations omitted).

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CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. The Court of Appeal reversed. Hilltop Group, Inc., County of San Diego, et al. 2024) Cal.App.5th. Hilltop Group appealed.