Gravel2Gavel Construction & Real Estate Law Blog
California Governor Gavin Newsom has declared a state of emergency and, pursuant to his broad authority under the California Emergency Services Act and other statutory provisions, has issued Executive Orders suspending or modifying the effect of certain state statutes and regulation in response to COVID-19, and authorizing the commandeering of property needed for the response. In “California Executive Power and Industrial Facilities in the Wake of COVID-19,” colleagues Michael S. McDonough and Christopher W. Smith provide an overview of the recent updates and rulings on California’s facilities and operations.
Articles Posted in Environmental
A Decision to Keep an Eye On in South Carolina
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On March 6, 2019, the South Carolina Administrative Law Court entered an order in Colonial Pipeline Co. v. South Carolina Department of Revenue, No. 18-ALJ-17-0443-CC, in which it held that a pipeline company’s assets may qualify for a property tax exemption for pollution control equipment of industrial plants under S.C. Code Ann. § 12-37-220(8). In his latest post on SeeSALT, Zachary T. Atkins examines this decision more closely.
Appalachian Trail Pipeline Case Argued before the Supreme Court
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On February 24, 2020, the Supreme Court heard the oral arguments in the case of U.S. Forest Service, et al. v. Cowpasture River Preservation Association, et al.
On December 13, 2018, the U.S. Court of Appeals for the Fourth Circuit held that the Forest Service was not authorized by the Mineral Leasing Act to grant a pipeline right-of-way under the Appalachian Trail to the Atlantic Coast Pipeline involving a small stretch of the Appalachian Scenic Trail.
Oil Rigs, Reefs and the UKCS
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There are more than 11,000 wells, nearly 600 platforms and 24,000 km of pipeline network on the UK Continental Shelf (UKCS). It is estimated that by 2025 more than 220 oil and gas production fields and their structures will be decommissioned. In his recent opinion piece, “Turning oil rigs into reefs: A missed opportunity,” colleague Chris Harrison discusses why the Gulf of Mexico’s “rigs to reefs” approach has not been adopted in the UKCS.
Los Angeles Continues Its Push to Find Carbon-Neutral Ground
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Carbon-reduction initiatives have begun to increasingly target the construction industry, particularly in light of data showing that buildings generate up to 40% of global annual greenhouse gas emissions. While the Federal Green New Deal remains stalled in Congress and states have been slow to spring into action, a number of cities have moved forward with climate proposals that include a shift toward carbon-free buildings.
A Court-Side Seat: February in the Federal Appellate Courts
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It’s been an active month in terms of recent environmental and administrative law cases decided by the federal appellate courts.
Highlights of the CLEAN Future Act Proposal from the House Energy and Commerce Committee
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The Chairman of the House Energy and Commerce Committee has released a “discussion draft” of the committee’s climate bill. The legislation is over 600 pages long, but the Committee has also released a summary of this legislation, which is entitled the Climate Leadership and Environmental Action for our Nation’s Future Act or the CLEAN Future Act. Here are some highlights.
A Court-Side Seat: January 2020 Environmental Rulings of Interest
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January has been a busy month for the Fifth Circuit, which has issued a number of significant rulings.
Environmental and Regulatory Highlights of the Fall 2019 Unified Agenda of Regulatory Actions
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In late December, the Office of Management and Budget (OMB) released the “Fall 2019 Unified Agenda of Regulatory Actions” just a few days before the Calendar turned to the year 2020. (It should be noted that the Spring Agenda was not released until June 24, 2019.) Individual agency agendas were published in the Federal Register by several agencies and executive departments on December 26, 2019. The entire agenda, which is a survey of all current and projected rule-making actions that federal agencies and departments are planning over the next 12 months, is available at such government websites as regulations.gov. The Agenda provides valuable insights into the actions these agencies believe to be most important. This survey will largely concentrate on environmental regulatory developments, although other matters are worth noting.
EPA Will Soon Issue the Latest Revision to the Risk Management Program (RMP) Chemical Release Rules
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On November 21, 2019, EPA released a pre-publication copy of its Reconsideration of the revised Risk Management Program (RMP) Rules. In an accompanying statement, the agency noted that it has taken steps to “modify and improve” the existing rule to remove burdensome, costly and unnecessary requirements while maintaining appropriate protection (against accidental chemical releases) and ensuring responders have access to all of the necessary safety information. This action was taken in response to EPA’s January 13, 2017 revisions that significantly expanded the chemical release prevention provisions the existing RMP rules in the wake of the disastrous chemical plant explosion in West, Texas. The Reconsideration will take effect upon its publication in the Federal Register.