Goverment Demand for Property or Money from Land Use Permit Applicant Must Satisfy Requirements of Nollan and Dolan, Even When Government Denies the Permit

Koontz v. St. Johns River Water Management Dist. The United States Supreme Court has recently extended the requirements of Nollan v. California Coastal Comm’n and Dolan v. City of Tigard, which require that a government’s demand for property in e… Read More
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Categories: Articles, Land Use

EPA Has Independent Authority to Invalidate Section 404 Permits Issued by Army Corps of Engineers

Mingo Logan Coal Company v. U.S. Environmental Protection Agency The United States Court of Appeals for the District of Columbia has decided that the U.S. Environmental Protection Agency is empowered by the federal Clean Water Act to unilaterally inv… Read More
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Categories: Articles

7th Circuit Holds MSHA May Inspect Medical & Personnel Records

Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633) In Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633), the United Sta… Read More
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Categories: Articles, MSHA

Nevada Legislature Considers Public Access Requirements for Pit Lakes

Nevada Assembly Bill 346 The Nevada Legislature is considering an amendment to its state mining laws to require mine operators to provide public access to larger “pit lakes” that exist after mining ends. For reference, a so-called “pit lake”… Read More
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Categories: Articles

District Court Rejects Challenge to NPDES Exemption Brought under Citizen-Suit Provision of the CWA

Ecological Rights Foundation v. Pacific Gas and Electric __ F. Supp.2d __ (N.D. Cal. 2013) 2013 WL 1124089 In Ecological Rights Foundation v. Pacific Gas and Electric, the United States District Court for the Northern District of California held that… Read More
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Categories: Articles

Court Broadly Applies CEQA's Remedial Provisions

Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) ___ Cal.App.4th ___ A California Appellate Court has ruled that project approvals may remain intact while lead agencies cure certain violations under the California Environmental… Read More
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Categories: Articles, CEQA

Case Update: Public Notices for Section 404 Approvals Must Identify Mitigation

Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers 674 F.Supp.2d 783 (S.D. W. VA. 2013) In Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers, the United States District Court for the Southern District of West Virgin… Read More
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Categories: Articles, NEPA

Fracking Update - Magistrate Judge Rules that Sale of Fracking Leases Violated NEPA

Center for Biological Diversity v. Bureau of Land Management __ F.Supp.2d __ (N.D. Cal. 2013) In the first published case in the State of California concerning hydraulic fracturing, or “fracking,” a Federal Magistrate Judge has ruled that the Bur… Read More
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Categories: Articles, NEPA

California Court Ratifies 9-Year-Old EIR & Limits Applicability of Subsequent Environmental Review

Concerned Dublin Citizens v. City of Dublin (2013) __ Cal.App.4th __, 2013 WL 1235649 In Concerned Dublin Citizens v. City of Dublin (2013) __ Cal.App.4th __, 2013 WL 1235649, the First District Court of Appeal held that a residential development pro… Read More
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Categories: Articles, CEQA

Fracking Update: Legislature Proposes Fracking Moratorium

The California Legislature has proposed four bills which would impose a moratorium on hydraulic fracturing, or “fracking,” in the State of California. Fracking involves injecting a high pressure stream of water, sand and chemicals into ro… Read More
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Categories: Articles