by Kim S. Colton The “green car” market is growing. Tesla may lead the way in luxury, but almost all auto manufacturers are investing significantly in plug-in electric vehicles (EV(s)). Policy, law, and regulation must change as the EV market expands. The Governors of Colorado, Nevada, and Utah recently announced collaboration on building a regional […]
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by Patrick J. Paul On Friday, May 19, 2017, less than a month after the National Park Service’s first use of a drone in a Grand Canyon search and rescue mission, the District of Columbia Circuit Court of Appeals struck down a Federal Aviation Administration (FAA) rule requiring owners of small unmanned aircraft operated for […]
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By Maribeth M. Klein By executive order, President Trump directed the Department of Interior to review national monuments designated since 1996 under the Antiquities Act of 1906. The Antiquities Act grants the President authority to designate “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest” on federal lands as national […]
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by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court (citing Laurel Heights Improvement Association v. Regents of University of California, 47 Cal. 3d 376, […]
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by Mitchell J. Klein In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials. See Pollitt Drive, LLC v. Harvey Engel. While the case does not establish any precedent, […]
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By Stephen Smithson At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in City of Arlington v. FCC, 133 S.Ct. 1863, 1868 (2013) (citations omitted), Justice Scalia explained why […]
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by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that under the well-established “Winters doctrine,” federal reserved water rights for an Indian reservation extend to […]
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by John D. Burnside On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks against Mr. Pruitt’s fitness to serve as the nation’s chief regulator of clean air, water, and land, as well […]
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by Karlene Martorana Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome the water deficit in reservoirs along the Colorado River caused by the prolonged […]
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by Patrick J. Paul In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell announced their intention to terminate their interest in the three unit, 2,500 megawatt facility following expiration […]
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