On 22 September 2020, the California Fish and Game Commission (Commission) unanimously voted to designate the western Joshua tree (yucca brevifolia) as a candidate species under the California Endangered Species Act (CESA), as expected.
On 20 August 2020, the California Fish and Game Commission (Commission) again postponed its decision whether to designate the western Joshua tree (yucca brevifolia) as a candidate species under the California Endangered Species Act (CESA).
On 6 July 2020, the U.S. Supreme Court lifted a nationwide vacatur on the use of the Army Corps of Engineers’ (Corps) Nationwide Permit 12 (NWP 12) for the construction of new oil and gas pipelines. However, the Court declined to lift the vacatur as it applies to the Keystone XL Pipeline from which the original order arose. The decision is a blow to Keystone XL but a relief to other oil and gas pipeline developers who may once again employ NWP 12 to permit pipeline crossings over jurisdictional waters of the United States.
On 4 June 2020 the White House issued an Executive Order (EO) directing federal agencies to invoke emergency procedures under the National Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Water Act, and other environmental statutes in order to expedite infrastructure projects as a means of accelerating the nation’s economic recovery from the COVID-19 emergency.
Offshore wind energy development is in its infancy in the United States compared to Europe. The nation’s first operational project came online in 2016 off the coast of Rhode Island. A few other projects have since gained traction up and down the Eastern seaboard. Deep, crowded waters and technological barriers have largely kept the West Coast out of the discussion. But, as floating turbine technologies become commercially feasible and open up the potential for massive amounts of wind power in California waters, recent inter-agency cooperative efforts have begun to clear a path, and developers are lining up.
On 15 April 2020, a federal district court in Montana issued a sweeping decision to vacate the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit 12 (NWP 12) authorization in response to a challenge to the Keystone XL Pipeline.
If you are considering a development project subject to California or federal permitting regulations, let us know. We can help you navigate the legal landscape faster and safer because we’ve been traversing and mapping it for decades. Whatever the stage of entitlement, financing, or construction of your project, we would be happy to discuss how we might serve your needs.
