Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 204 Cal.App.4th 1480 In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 204 Cal.App.4th 1480, the Second Appellate District has joined the…
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Abatti v. Imperial Irrigation District In Abatti v. Imperial Irrigation District, the Fourth Appellate District has affirmed CEQA Guidelines Section 15162 and the longstanding Benton v. Board of Supervisors case, which collectively limit a lead agenc…
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On May 1, 2012, the Governor’s Office of Planning & Research (“OPR”) released updated draft California Environmental Quality Act (“CEQA”) Guidelines to implement Senate Bill 226 (Simitian). Passed by the Legislature…
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On April 18, 2012, Congressman Dennis Ross (R-Fla.) introduced new federal legislation to streamline the permitting process under the National Environmental Policy Act (NEPA). The legislation, known as the “Responsibly and Professionally Invigo…
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The federal Mine Safety and Health Administration (“MSHA”) recently announced that, beginning in January 2012, it would again allow mine operators to discuss citations and orders with MSHA through informal conferences prior to penalty ass…
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Hardesty v. Sacramento Metropolitan Air Quality Management District California’s Third Appellate District has answered the longstanding question over whether a local air district can decide the validity of portable equipment air permits issued…
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A California appellate court has extended the recent series of decisions providing guidance on the CEQA baseline. The court in Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552 upheld an environmental impact report for a medical…
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The California Environmental Quality Act (“CEQA”), at its essence, requires lead agencies to identify the potential significant impacts a proposed project may have on the environment. A California appellate court in Ballona Wetlands Land…
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Nelson v. County of Kern California’s Fifth District Court of Appeal has issued a new decision which clarifies the scope of the CEQA environmental review for mining operations on federal land. In Nelson v. County of Kern (DJDAR 17585, Nov. 19,…
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Center for Biological Diversity v. United States Department of the Interior On September 23, 2010, a divided Ninth Circuit court dealt a major setback to BLM’s proposed land exchange involving Asarco’s Ray Mine, and raised the standard fo…
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