Topic
Permitting
136 published works
Focus on Regulation
The Fifth Circuit’s Migratory Bird Treaty Act decision in Citgo has broad implications for the U.S. Fish & Wildlife Service’s enforcement and permitting programs
By Patrick Traylor, Doug Wheeler, Richard Hosley
The Court of Appeals for the Fifth Circuit reversed Citgo Petroleum Corporation’s criminal conviction in the Southern District of Texas and held that the Migratory Bird Treaty Act’s (MBTA) ban…
From the Ground Up
Heading Into Muddied Waters
By Miller Nash Graham & Dunn LLP
August 28, 2015, was the effective date of a new regulation that many argue expands permitting requirements for project development and other activities near or in waterbodies. The U.S. Environmental…
RedevelopNJ
Permit Extension Act Revised to Add One More Year of Extensions
By Ted Zangari
Last Friday, December 26, 2014, Governor Christie signed A-3815 into law, expanding the "Extension Period" of the Permit Extension Act one more year. As amended, the Act automatically suspends the…
E2 Law Blog
Permitting Implications of UARG Decision
Last week, EPA issued guidance to its Regional Administrators that addresses some of the questions raised by the decision in Utility Air Regulatory Group v. United States Environmental Protection Agency,…
Energy & Environmental Law Adviser
Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C.C.A. 2013)
By David M. Loring, Jane E. Montgomery
On April 28, 2014, Jane Montgomery and David Loring presented the three cases at a U.S. Supreme Court energy and environmental case update hosted by the Energy Council, Illinois Chamber…
Real Estate, Land Use & Environmental Law Blog
Bright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on the Court’s Own Motion)
By Deborah Rosenthal, James Pugh
Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015)…
frESH
Update on PSD/NSR Suits: EME Homer City Generation and Midwest Generation
United States v. EME Homer City Generation, L.P. A circuit court has once again rejected the government’s invitation to rehear whether a PSD violation is a one-time or continuous violation. On…
The Legal Scoop on Southwest Florida Real Estate
Lee County Continues Streamlining Its Permitting Processes
During the past 2-3 years, Lee County has been engaging in a systematic and comprehensive streamlining of its zoning, permitting and development review processes. In a report released recently by…
frESH
Seventh Circuit Denies Government’s Petition for Rehearing in PSD/NSR Case
On Friday, in the United States v. Midwest Generation, LLC appeal, the Seventh Circuit denied the government’s petition for rehearing and rehearing en banc of the court’s July 8, 2013…
inversecondemnation.com
Exactions: Supreme Court Right On The Money
Well, the hammer finally dropped and the Supreme Court today issued its opinion in Koontz v. St Johns River Water Management District, No. 11-1447 (June 25, 2013). The opinion comes…