Oroville v. City of Oroville (2013) __ Cal.Rptr.3d __ A California Appellate Court has confirmed that a lead agency may adopt Assembly Bill 32’s emissions reduction targets as the threshold of significance standard to determine whether a Project’…
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Natural Resources Defense Council, Inc., et al., v. County of Los Angeles, et al. 2013 DJDAR 10619 In a recent decision, the Ninth Circuit Court of Appeal ruled that pollution exceedances at mass-monitoring stations at the Los Angeles and San Gabriel…
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An “S&S” denotation can turn a minor MSHA citation into a major problem. A recent Federal Mine Safety and Health Review Commission (“Commission”) case underscores the subjectivity, and persistence, of the S&S elevation, and provides n…
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Lead agencies should be aware that the public comment period on a proposed new State Mining and Geology Board (SMGB) regulation ends today, September 30, 2013, at 5 p.m. The proposed regulation would add new Article 16 to the SMGB regulations that im…
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On September 20, 2013, California Governor Jerry Brown signed a law that will establish a comprehensive regulatory program for a natural gas and oil extraction process known as hydraulic fracturing, or “fracking.” Fracking involves inject…
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California Building Industry Association v. Bay Area Air Quality Management District (2013) ___ Cal.App.4th ___ A California Appellate Court has ruled that thresholds of significance are not a “project” under the California Environmental…
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Great Northwest, Inc. v. United States Army Corps of Engineers 2010 WL 9499372 In an unpublished decision, a federal court sitting in Alaska has ruled that the Corps lacked authority under the Clean Water Act to regulate a mining operation because th…
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Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers (2013) ___ F.3d ___ Against the background of an impaired watershed subject to Section 303(d), the Fourth Circuit has affirmed a decision by the Army Corps of Engineers’ to i…
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The California Legislature has passed a bill providing an automatic 24-month extension for subdivision maps approved after January 1, 2000. Governor Jerry Brown signed the bill on July 11, 2013. The bill is an “urgency” measure and therefore take…
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Save Panoche Valley, et al., v. San Benito County (2013) ___ Cal.Rptr.3d ___ In a decision that is sure to be favored by solar developers, California’s Sixth District Court of Appeal recently upheld San Benito County’s decision to cancel certain…
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