The Third District Court of Appeal reversed a Sacramento Superior Court Judge’s ruling that prohibited the High Speed Rail Authority (HSRA) from selling bonds under Proposition 1A to construct the High Speed Rail Project (the Project) and ordered the HSRA to draft a new funding plan for the construction and operation of the Project.
Governor Jay Inslee enjoyed some national publicity this week, when the New York Times published an article about the governor’s climate change policies in the wake of recent deaths of baby oysters in Washington.
Sixth Circuit Follows Suit On CERCLA Contribution/Cost Recovery Claims, Underscores the Importance of Settlement Language
On July 14, the Sixth Circuit joined five other Circuits in holding that parties who have settled their Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims with the government are foreclosed from seeking cost recovery from other potentially responsible parties (PRPs) under CERCLA § 107.
Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building.
Of High Speed Rails and Litigation Snails: Train Rolls On As Third District Rejects Additional CEQA Challenges to CA High-Speed Rail
While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated opposition are involved this salutary statutory scheme sometimes goes off track.
In Town of Atherton v. CA High Speed Rail Authority, No. C070877 (Cal. Ct. App. 3d Dist., July 24, 2014), the Third Appellate District upheld the High-Speed Rail Authority’s (HSRA) Program Environmental Impact Report/ Program Environmental Impact Statement (PEIR/PEIS) for the Bay Area to San Joaquin Valley segment of California’s High Speed Rail system (the Project).
Today, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) protecting three flowers under the Endangered Species Act (ESA).
West Virginia Attorney General Settles Allegations of Antitrust Violations
I want to pass along three interesting articles I have read over the past day or so about coal’s decline (or alleged decline) in the United States totally unrelated to EPA’s recent proposed rule on carbon emissions from existing power plants.
The U.S. Government Accountability Office (“GAO”) released a report yesterday, July 28, 2014, that presents a need for the U.S. Environmental Protection Agency (“USEPA”) to update the Underground Injection Control class II program (“UIC Program”).