As discussed in an earlier article, SB 743 implemented needed CEQA reforms for “Transit Priority Projects” and directed OPR to establish new criteria for analyzing transportation impacts through amendments to the CEQA Guidelines. However,… Read More

While many in the development community were hopeful that 2013 would be a year of major CEQA reforms, in the end the state made more modest revisions to the law. Led by Senate President pro Tem Darrell Steinberg, the Legislature passed and the Govern… Read More

The California Legislature is considering an amendment to Assembly Bill 1161 to insulate surface mining operations against nuisance liability. The amendment would prevent any “mining activity, operation, or facility, or appurtenance thereof,… Read More

California Senate Republican Leader Bob Huff, R-Diamond Bar, introduced new urgency legislation relating to the California Environmental Quality Act (“CEQA”). Senate Bill 834 proposes to add section 21080.38 to the Public Resources Code e… Read More

On January 1, 2014 SB 4 took effect along with interim regulations over well stimulation treatment undertaken by oil and gas operators. SB 4 requires operators to obtain a permit from the Division of Oil, Gas and Geothermal Resources (“DOGGR… Read More

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc. (2013) 734 F.3d 1297 The Eleventh Circuit Court of Appeal recently decided whether a citizen can bypass the 60-day waiting period under the Clean Water Act (“CWA”) by allegin… Read More

Wisconsin Resources Protection Council v. Flambeau Mining Company 727 F.3d 700 The Seventh Circuit Court of Appeal recently held that a mining operation did not violate the Clean Water Act when it discharged pollutants without a NPDES permit, based o… Read More

Rapanos v. U.S. 547 U.S. 715 The United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) jointly submitted a draft rule to clarify the limits of Clean Water Act (“CWA”)… Read More