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Aaron Edelman is a guest author and a law clerk at Garvey Schubert Barer's Washington, D.C.'s office. You can reach Aaron at aedelman@gsblaw.com or at 202.298.1738.

The White House Council on Environmental Quality (CEQ) recently issued its final guidance to agencies to incorporate greenhouse gas (GHG) emissions and climate change into environmental reviews done in accordance with the National Environmental Policy Act of 1969 (“NEPA”). This release was the culmination of six years of work – building off of drafts released in 2010 and 2014.

Bridge Aina Le’a v. Hawaii Land Use Commission, 2016 WL 797567 (D. Haw.) grew out of Defendant Commission’s decision to reclassify a parcel from urban to agriculture, an action that may be taken only by the state agency. Ultimately the Hawai’i Supreme Court invalidated this action. In this separate federal action claiming just compensation for a regulatory taking, Defendants Commission and its members moved for summary judgment.

CemeteryRoman Catholic Diocese of Rockville Centre v. Incorporated Village of Old Westbury, 2015 WL 5178126 (EDNY) involved a lengthy battle over the siting of a religious cemetery in Defendant Village in the face of a newly adopted “Places of Worship” (POW) ordinance, challenged under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Civil Rights Act and the Equal Protection and Free Exercise clauses.  In these proceedings Plaintiff moved for summary judgment, claiming the POW Ordinance was facially unconstitutional, while Defendants moved for summary judgment to dismiss all claims.  Note, one claim not treated in this summary deals with New York’s State Environmental Quality Review Act (SEQRA), which involves New York statutory issues.

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