NASA Flies First Drone Ever on Another Planet

By Patrick J. Paul On April 19, 2021, America’s civil space program – the National Aeronautics and Space Administration (NASA) made history when its Mars Ingenuity helicopter made the first ever powered, controlled flight on another planet.  With it, the … Continue reading

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LA County to Adopt Green Zone Ordinance, Environmental Justice Initiative

by Sean M. Sherlock Environmental justice is a principle that has been around since at least the 1990s, with roots back to the 1960s. The US EPA describes environmental justice as “the fair treatment and meaningful involvement of all people … Continue reading

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In California the Housing Crisis Yields to Luxury Spas

by Sean M. Sherlock A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. … Continue reading

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COGCC Issues New Rules on Flowline Disclosure

By Frances Folin With the booming population in Colorado, more and more people have found themselves moving closer to oil and gas operations. This has had some grave consequences in recent times, but the industry has been quick to respond … Continue reading

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ADEQ Considers Seeking Primacy for the Clean Water Act 404 and Safe Drinking Water Act Underground Injection Control Programs

By Michael Ford On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory programs: the Clean Water Act … Continue reading

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U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

By L. William Staudenmaier Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater . The Ninth Circuit’s decision has very significant … Continue reading

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Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Chris Colyer The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of developments under the current Trump Administration and the … Continue reading

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California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

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 … Continue reading

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Should Congress End Agency Deference?

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 … Continue reading

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Environmental Enforcement Under Trump – Be Careful What You Wish For

By Mitch Klein Regardless of whether you are a Trump supporter or Trump hater, and there certainly seems to be very few people who are indifferent to the guy, trying to prognosticate what he will do is very difficult. He … Continue reading

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