Alerts From the Stoel Rives Web Site http://www.stoel.com/showalert.aspx?show=2280 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 6/18/2013 9:45:29 PM http://www.stoel.com/showalert.aspx?Show=10463 On June 10, Governor Kitzhaber signed Senate Bill 814, enacting several amendments to the Oregon Environmental Cleanup Assistance Act ("OECAA") relevant to Oregon businesses and public entities facing federal and state environmental cleanup liabilities ... Fri, 14 Jun 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10429 This morning the DC Circuit issued an opinion on the challenges by industry and Sierra Club to the Secondary Lead Smelting MACT (or National Emission Standard for Hazardous Air Pollutants, aka NESHAP). The Clean Air Act directs EPA to regulate HAPs in ... Tue, 28 May 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10350 On April 26, 2013, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) (available here). The ECP Guidance is intended to promote compliance with the Migratory Bird Treaty Act (MBTA) and the Bald ... Mon, 29 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10343 On April 16, 2013, the National Ocean Council, consisting of representatives from 27 federal agencies and departments, published its long-awaited plan for implementing President Obama's National Ocean Policy.[1] The new National Ocean Policy Implementation ... Wed, 24 Apr 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=10173 Senator Darrell Steinberg (D-Sacramento) introduced Senate Bill 731 (SB 731) on Friday, February 22, outlining relatively modest changes to the California Environmental Quality Act (CEQA) on the last day to introduce new bills. Although sweeping CEQA ... Mon, 25 Feb 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9862 We are pleased to report that the California Third District Court of Appeal recently granted our request to publish its decision in a California Environmental Quality Act (CEQA) case. Mount Shasta Bioregional Ecology Ctr. v. Cnty. of Siskiyou, No. C064930, ... Tue, 23 Oct 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9754 The California Department of Toxic Substances (DTSC) released another draft of its proposed Safer Consumer Products regulations on July 27, 2012. It is the eighth draft issued in the past four years; the most recent was issued on June 23, 2012. DTSC ... Mon, 27 Aug 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9610 In a decision released this morning, the DC Circuit upheld EPA's approach to regulating greenhouse gases under the major new source review for the prevention of significant deterioration program ("PSD"), the Title V program and the vehicle emission standards ... Tue, 26 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9515 The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) recently announced the latest proposed settlement in EPA's Clean Air Act (CAA) enforcement initiative against petroleum refiners. Hess Corporation will pay an $850,000 ... Mon, 14 May 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9312 On March 23, 2012, the U.S. Fish and Wildlife Service (USFWS) released its highly anticipated final Land-Based Wind Energy Guidelines. The Guidelines present a tiered approach for the consideration and analysis of potential impacts to wildlife and habitat ... Thu, 29 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9252 In a much anticipated Federal Register Notice, the U.S. Army Corps of Engineers ("Corps") on February 21, 2012 announced the reissuance of its Nationwide Permit ("NWP") Program. 77 Fed. Reg. 10,184 (Feb. 21, 2012). NWPs provide streamlined authorization ... Mon, 05 Mar 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9177 In a recent opinion, the United States District Court for the District of North Dakota dismissed misdemeanor criminal charges against three oil and gas companies for violation of the Migratory Bird Treaty Act ("MBTA") arising out of the incidental death ... Mon, 30 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9095 In a decision reflecting perhaps the worst-case scenario for the redevelopment community, the California Supreme Court largely upheld Assembly Bill X1 26, which requires the dissolution of redevelopment agencies across the State, but invalidated Assembly ... Thu, 29 Dec 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8008 On May 26, 2011, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration Fisheries Service (the "Services") launched a joint effort to identify and implement administrative changes to regulations promulgated under the ... Wed, 01 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7942 Today, the National Marine Fisheries Service (NMFS) published a proposed rule to designate steelhead being reintroduced above Round Butte Dam in Oregon's Deschutes River Basin as a nonessential experimental population pursuant to Section 10(j) of the ... Wed, 18 May 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7813 The Oregon Department of Fish and Wildlife ("ODFW") is on the verge of adopting rules and a conservation strategy to protect the habitat of the greater sage-grouse (a federal candidate species under the Endangered Species Act ("ESA")). The proposal could ... Thu, 31 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7816 The California High-Speed Rail Authority ("Authority") voted unanimously yesterday to approve submission of an additional funding application to the Federal Railroad Administration ("FRA") that would, if approved, extend the "starter" segment of the ... Thu, 31 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7789 San Francisco Superior Court has issued a final decision in Association of Irritated Residents v. California Air Resources Board. For the moment, the California Air Resources Board (CARB) is enjoined from further rulemaking to implement the California ... Wed, 23 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7684 On February 23, 2011, the U.S. Environmental Protection Agency (EPA) released final rules regulating hazardous air pollutant (HAP) emissions from boilers at major sources of HAPs (Boiler MACT) and boilers at minor or area sources of HAPs (Boiler GACT), ... Thu, 24 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7450 In Gunderson v. City of Portland, LUBA Nos. 2010-39, -40 and -41 (Jan. 21, 2011) (slip op), Oregon's Land Use Board of Appeals ("LUBA") remanded the City of Portland's North Reach River Plan ("NRRP") for further work by the City relative to Statewide ... Wed, 09 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7420 Those who have been waiting for the California Supreme Court to rule on what has been touted as the longest-pending undecided case will only be partially mollified by the high court's decision. On January 31, 2011, the Supreme Court decided California ... Tue, 01 Feb 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7372 On January 10, 2011, the National Marine Fisheries Service ("NMFS") issued an advanced notice of proposed rulemaking ("ANPR") announcing the agency's plan to prepare critical habitat designation proposals for lower Columbia River ("LCR") coho salmon ... Thu, 20 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7334 U.S. Department of Interior Secretary Ken Salazar recently issued Secretarial Order 3310 directing the Bureau of Land Management (BLM) to "designate appropriate areas with wilderness characteristics under its jurisdiction as 'Wild Lands' and to manage ... Fri, 07 Jan 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7289 On November 23, 2010, the Steering Committee in charge of preparing the Bay Delta Conservation Plan ("BDCP") issued a working draft of the plan. The BDCP will serve as a Habitat Conservation Plan under federal law and a Natural Communities Conservation ... Mon, 20 Dec 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7220 The Central Valley Is the Early Winner of Stimulus Funds. After nearly two decades of planning and negotiations, the California high-speed rail ("HSR") is rapidly becoming a reality. The California High-Speed Rail Authority ("Authority") is poised ... Mon, 22 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6993 On August 17, 2010 the United States Court of Appeals for the Ninth Circuit held that a National Pollution Discharge Elimination System ("NPDES") permit is required for stormwater runoff from logging roads. In NEDC v. Brown, No. 07-35266, three judges ... Wed, 18 Aug 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6644 Communities for a Better Environment v. City of Richmond (April 26, 2010)First District Court of Appeal Case No. A125618 The First District Court of Appeal has issued the first published opinion regarding the adequacy of greenhouse gas (GHG) emissions ... Thu, 13 May 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6544 On March 16, 2010, Governor Ted Kulongoski issued Executive Order No. 10-03, declaring a "state of drought emergency" for Klamath, Jackson, Douglas, Lane, Deschutes, and Lake Counties, Oregon. Barring extraordinary spring precipitation alleviating statewide ... Thu, 01 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6516 Greenhouse gas (GHG) emissions are now recognized as an environmental impact under the National Environmental Policy Act (NEPA), and state analogs such as the California Environmental Quality Act (CEQA) the Washington State Environmental Policy Act (SEPA) ... Fri, 26 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6505 Communities for a Better Environment v. South Coast Air Quality Management DistrictOn March 15, 2010, the California Supreme Court published a highly anticipated decision involving the California Environmental Quality Act ("CEQA"). The Court held that ... Wed, 17 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6496 By Ryan Steen In February 2010, the Center for Biological Diversity ("CBD") filed a lawsuit in the U.S. District Court for the District of Oregon alleging that the U.S. Fish and Wildlife Service (the "Service") violated the Endangered Species Act ("ESA") ... Thu, 11 Mar 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6373 On January 13, 2010, the U.S. Fish and Wildlife Service (the "Service") issued a proposed rule to revise its 2005 designation of critical habitat for threatened bull trout (Salvelinus confluentus). The proposal represents a dramatic increase in river ... Thu, 21 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6351 On January 5, 2010, the National Marine Fisheries Service ("NMFS") issued a proposed rule designating 70,600 square miles of critical habitat for endangered leatherback sea turtles (Dermochelys coriacea) along the West Coast, covering portions of Washington, ... Wed, 13 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6350 The public review draft of the Klamath Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities (the "KBRA") was released on January 7, 2010. A day later the Klamath Hydroelectric Settlement Agreement ... Tue, 12 Jan 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6322 The State Water Resources Control Board ("Water Board") has given notice of its public informational proceeding necessary to begin developing the flow criteria for the Sacramento-San Joaquin Delta ("Delta") ecosystem as directed by Senate Bill No. 1 ... Tue, 22 Dec 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6356 Say goodbye to water use as usual. On November 5, 2009, the California Legislature passed several landmark water bills characterized by Governor Arnold Schwarzenegger as "the most comprehensive water infrastructure package … in the history of California." ... Mon, 09 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5829 The California Natural Resources Agency ("Resources Agency") is conducting rulemaking proceedings to promulgate new CEQA Guidelines and Amendments to existing CEQA Guidelines ("CEQA Guidelines") that will address lead agencies' obligations to evaluate ... Fri, 21 Aug 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5399 On May 4, 2009, the U. S. Supreme Court issued a decision in Burlington Northern & Santa Fe Railway Co. v. United States1 that significantly narrows the grounds under which a party may be held liable under federal law for the costs of environmental ... Tue, 05 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5383 On April 28, 2009, the U.S. Departments of the Interior and Commerce issued a joint press release announcing that they are revoking the Endangered Species Act ("ESA") Section 7 regulations that were issued by the previous administration on December 16, ... Thu, 30 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5114 On March 16, the U.S. Court of Appeals for the Ninth Circuit confirmed a decision by the National Marine Fisheries Service ("NMFS") to downlist the Upper Columbia River ("UCR") steelhead under the Endangered Species Act ("ESA"). Trout Unlimited v. Lohn, ... Wed, 18 Mar 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3528 On January 8, 2009, the Office of Planning and Research ("OPR") released a preliminary draft of regulations that will implement the California Environmental Quality Act ("CEQA") with regard to evaluating, measuring and mitigating the potential greenhouse ... Wed, 04 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3284 Although Governor Schwarzenegger vetoed many legislative bills due to the State budget stall, he did sign some of importance. Below is a brief review of some of the 2008 environmental bills that were recently signed. SB 375 (Steinberg) Greenhouse Gas ... Fri, 07 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2554 On August 22, 2007, the U.S. District Court, Western District of Washington, declared that Treaties reserving tribal rights to take fish impose a duty on Washington State to refrain from diminishing fish runs by constructing and maintaining culverts ... Thu, 30 Aug 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2494 In a closely watched decision, a federal district court judge ruled recently that chemicals created by the decomposition of raw wood waste in the aquatic environment can create Superfund liability for the owner of the site where the wood waste is located. ... Tue, 17 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2477 By Beth S. Ginsberg, Michael P. O'Connell, and Barbara D. Craig1 On June 25, 2007, the U.S. Supreme Court issued a 5-4 split decision in National Association of Home Builders v. Defenders of Wildlife, 2007 WL 1801745, that is expected to have far-reaching ... Tue, 26 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2452 This morning, the Supreme Court issued its opinion in United States v. Atlantic Research Corporation, 551 US ____ (2007) regarding cost recovery actions under section 107 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). ... Mon, 11 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2446 The U.S. Army Corps of Engineers (the "Corps") and the Environmental Protection Agency ("EPA") have issued their long-awaited interagency joint guidance memorandum (the "Memorandum") on the scope of regulatory jurisdiction over wetlands. The Memorandum ... Thu, 07 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2420 by Steven J. Thiele, Douglas J. Steding, and Christopher R. Hermann (Published in The Water Report, May 15, 2007, Issue #39) Over the last 150 years, hundreds of forest products facilities, from small sawmills to large pulp and paper facilities, ... Tue, 22 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2414 On May 10, 2007, the anniversary date of the Mining Law of 1872, House of Representatives Natural Resources Committee Chair, Nick J. Rahall II (D- W.Va) introduced Mining Law Reform Legislation intended to totally revamp the General Mining Law of 1872. ... Wed, 16 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2281 Earlier today (April 2, 2007), the U.S. Supreme Court issued its much anticipated decision in Environmental Defense v. Duke Energy, (Duke Energy). This case is the latest and most dramatic turn of events in the longstanding litigation against the coal-fired ... Mon, 02 Apr 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2397 In late November, EPA issued a final rule interpreting the definition of the term "pollutant" under the Clean Water Act (CWA) to exclude pesticides applied in compliance with relevant water quality requirements of the Federal Insecticide, Fungicide and ... Tue, 12 Dec 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2398 Oregon Natural Resources Council v. Hallock, No. 02-1650-CO, (D.Or.) has been closely watched by permittees, state environmental agencies, and environmental groups because of its potential to upend the permitting process. ONRC brought this action against ... Thu, 30 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2399 On June 19, 2006 the United States Supreme Court, in a "four-one-four" decision, addressed the extent of Clean Water Act jurisdiction over wetlands adjacent to tributaries of navigable waters. Although the Court vacated the Sixth Circuit's judgment supporting ... Thu, 22 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5424 The Center for Biological Diversity ("CBD") has recently petitioned the U.S. Fish & Wildlife Service ("FWS") to list the polar bear (Ursus maritimus) on a global basis as a "threatened" species subject to the protections of the Endangered Species ... Wed, 01 Jun 2005 00:00:00 GMT