Court Offers Guidance on Using AB 32 Targets as Threshold of Significance

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’… Read More
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Categories: Articles

MS4 Permittees are Liable for Clean Water Act Violations as a Matter of Law When Mass Monitoring Showed Exceedances

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… Read More
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Categories: Articles

"Significant & Substantial" - Subjective, and Tough to Undo

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… Read More
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Categories: MSHA

Reminder - New SMGB Regulation: Lead Agency Mining Ordinance Certification

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… Read More
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Categories: SMARA

Fracking Update: Governor Brown Signs SB 4 into Law

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… Read More
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Categories: CEQA

Promulgation of Generally Applicable Thresholds is not a "Project" under CEQA

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… Read More
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Categories: CEQA

Wetlands Separated by Railroad Tracks from Other Jurisdictional Wetlands do not Qualify as Adjacent to Navigable Waters Under Corps' Regulations

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… Read More
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Categories: Articles, Water

Section 303(d) Listing does not Prevent Corps from Approving New Mining Activities

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… Read More
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Categories: NEPA, Water

California Legislature Extends Life of Subdivsion Maps

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… Read More
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Categories: Articles, Land Use

Williamson Act Contracts May be Cancelled to Allow Project Developments with a Significant Public Benefit

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… Read More
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Categories: Articles, Solar