Mine operators can be cited by the federal Mine Safety and Health Administration (MSHA) for independent contractors’ violations of the Mine Act and MSHA regulations. Independent contractors perform a multitude of key mine activities like drilling,… Read More

On June 25, 2014, the Senate Committee on Environmental Quality is holding a public hearing on AB 52, legislation that would expand CEQA by, among other things, establishing “tribal cultural resources” as a new category of environmental resources… Read More

On June 18, 2014, the Senate Committee on Environmental Quality will hold a public hearing on AB 52, as recently amended by Assembly Member Gatto (D-Burbank). A current version of AB 52 can be found here. Although likely subject to amendment, we high… Read More

Natural Resources Defense Council v. Jewell (2014) ___ F.3d___ The Ninth Circuit Court of Appeals recently reaffirmed that Endangered Species Act (“ESA”) Section 7 consultation requirements are triggered whenever a federal agency retains… Read More

Center for Biological Diversity v. Department of Fish and Wildlife (2014) ___ Cal.Rptr.3d ___ A California Court of Appeal, in a wide-ranging opinion overturning the trial court’s decision to set aside the EIR for the Newhall Ranch Project, rec… Read More

Utility Reform Network v. Public Utilities Commission (2014) 223 Cal.App.4th 945 It has long been a practice among certain administrative agencies, such as the California Public Utility Commission (“CPUC”), that hearsay evidence is genera… Read More

AB 2420, Fracking Local Control Assemblymember Adrin Nazarian On February 21, 2014, Assemblymember Adrin Nazarian introduced Assembly Bill 2420, which proposed a new section of the Public Resources Code regarding well stimulation treatments, includin… Read More

Foothill Communities Coalition v. County of Orange (2014) 222 Cal.App.4th 1302 The California Court of Appeal, Fourth District, in a case of first impression, recently overturned a trial court by holding that, although creation of a parcel with less… Read More