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Articles by Robert Thornton
Conservation Easements In California: Does Anyone Notice?
Conservation easements generally preserve land in a predominantly natural or agricultural state. The efforts behind these easements often go unappreciated. The same is true for the notice requirements that correspond with the acquisition of property encumbered by a conservation easement. Failing to heed these notice requirements can impede acquisition efforts and add cost and delay to public projects.
[Webinar] Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects - October 10th, 10:30 am - 12:00 pm PT | JD Supra
The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using alternative procurement strategies.
U.S. Supreme Court Limits Federal Jurisdiction Over Wetlands
In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters. The crux of the Court's holding in Sackett v. EPA is that, in order to be considered waters of the United States (WOTUS), wetlands and other water features must be "indistinguishable" from traditional navigable waters due to a continuous surface connection.
NEPA Rules Rewrite: It’s “Back to the Future” With the Proposed NEPA Regulations | JD Supra
This is the third eAlert in our 2021 NEPA Rules Rewrite Series addressing revisions to the National Environmental Policy Act (NEPA) regulations proposed by the Biden administration. Today, we focus on the Council on Environmental Quality’s (CEQ) proposal to reverse the Trump administration’s definition of environmental “effects” and to eliminate the term “cumulative impacts” under NEPA. 86 Fed.Reg.
Podcast: CEQA Streamlining for Transportation Projects | JD Supra
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For large public infrastructure projects, the environmental review process can take years. Such projects can also be held up in the courts, even where the public agency has prepared a full Environmental Impact Report.
Fish and Game Commission Violated Law by Seeking to Protect Bees under CESA | JD Supra
The Sacramento Superior Court upheld a challenge to a decision by the California Fish and Game Commission to designate four subspecies of bumble bees as candidates for protection under the California Endangered Species Act (CESA). The decision in Almond Alliance et al. v. California Fish and Game Commission reinforces a long line of authority dating back several decades suggesting that insects are not subject to protection under CESA.
NEPA Rules Rewrite: Potential Impacts on Federal-State Environmental Reviews & Studies | JD Supra
This is the seventh in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ). CEQ’s revised rules amend 40 C.F.R. Parts 1500-1508. Nossaman attorneys Ed Kussy, Rob Thornton, Svend Brandt-Erichsen, Rebecca Hays Barho, Brooke Marcus Wahlberg, David Miller and Stephanie Clark are contributors for this series.
Ninth Circuit Rejects Greater Yellowstone Grizzly Bear Delisting | JD Supra
For the second time in a decade, the U.S. Court of Appeals for the Ninth Circuit has invalidated a decision by the U.S. Fish and Wildlife Service (Service) to remove the Greater Yellowstone grizzly bear (Ursus arctos horribilis) population from the federal endangered species list. Crow Indian Tribe v. State of Wyoming, Case No. 18-36038 (9th Cir. July 8, 2020).
[Webinar] Key CEQA Compliance Considerations for Vehicle Miles Traveled Analyses - August 4th, 11:30 am - 12:30 pm PT | JD Supra
August 4th, 2020 11:30 AM - 12:30 PM PT Please join us on August 4, 2020 from 11:30 a.m. to 12:30 p.m. PT for “Key CEQA Compliance Considerations for Vehicle Miles Traveled Analyses.” This complimentary webinar will examine the California Natural Resources Agency’s new guidelines for traffic and transportation impacts analyses under CEQA through legal, planning and technical perspectives. Our panel will provide practical advice for preparing defensible vehicle miles traveled (VMT) analyses.
Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity | JD Supra
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Ninth Circuit Rejects Challenges to Arizona Highway Project
On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions rejecting efforts to block construction of the long-debated project -- a key element of the transportation network of metropolitan Phoenix. Protecting Arizona’s Resources and Children v. Federal Highway Administration, No. 16-16586 (9th Cir. Dec. 8, 2017).
Major Revisions to CEQA Guidelines Proposed - Measuring Transportation Impacts Under CEQA: The Paradigm Shift to Vehicle Miles Traveled Arrives
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New Jersey advances a new energy paradigm | NJBIZ
Few New Jersians can forget October 29, 2012, when Super Storm Sandy plunged a huge swathe of the Garden State into darkness. By the following morning, almost two and a half million people were without electricity. Many remained that way for several days and some for well over a week. But at Princeton University, the lights barely flickered.
Petition to Delist California Gnatcatcher Filed | JD Supra
Citing new genetic evidence that the coastal California gnatcatcher is not a distinct subspecies as previously claimed, but is part of a single, healthy and abundant species that ranges from Southern California to the southern tip of Baja, Mexico, the National Association of Home Builders and several other parties filed a petition to remove the coastal California gnatcatcher from the list of threatened species.
Robert John Thornton
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