Koontz v. St. Johns River Water Management Dist. The United States Supreme Court has recently extended the requirements of Nollan v. California Coastal Comm’n and Dolan v. City of Tigard, which require that a government’s demand for property in e… Read More

Neighbors for Fair Planning v. City and County of San Francisco (2013) ___ Cal.App.4th ___ A California Appellate Court has ruled that a lead agency’s predevelopment loan to a project applicant prior to the certification of an environmental impact… Read More

MSHA continues to aggressively seek temporary reinstatement of miners asserting discrimination following a safety complaint. Under section 105(c) of the Mine Act, a miner cannot be discharged, discriminated against or interfered with in the exercise… Read More

Mingo Logan Coal Company v. U.S. Environmental Protection Agency The United States Court of Appeals for the District of Columbia has decided that the U.S. Environmental Protection Agency is empowered by the federal Clean Water Act to unilaterally inv… Read More

Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633) In Big Ridge, Inc. v. Federal Mine Safety and Health Review Commission (April 26, 2013) ___ F.3d ___ (2013 WL 1776633), the United Sta… Read More

Nevada Assembly Bill 346 The Nevada Legislature is considering an amendment to its state mining laws to require mine operators to provide public access to larger “pit lakes” that exist after mining ends. For reference, a so-called “pit lake”… Read More

Ecological Rights Foundation v. Pacific Gas and Electric __ F. Supp.2d __ (N.D. Cal. 2013) 2013 WL 1124089 In Ecological Rights Foundation v. Pacific Gas and Electric, the United States District Court for the Northern District of California held that… Read More

Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) ___ Cal.App.4th ___ A California Appellate Court has ruled that project approvals may remain intact while lead agencies cure certain violations under the California Environmental… Read More