Fracking Update - Magistrate Judge Rules that Sale of Fracking Leases Violated NEPA

Center for Biological Diversity v. Bureau of Land Management __ F.Supp.2d __ (N.D. Cal. 2013) In the first published case in the State of California concerning hydraulic fracturing, or “fracking,” a Federal Magistrate Judge has ruled that the Bur… Read More
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Categories: Articles, NEPA

California Court Ratifies 9-Year-Old EIR & Limits Applicability of Subsequent Environmental Review

Concerned Dublin Citizens v. City of Dublin (2013) __ Cal.App.4th __, 2013 WL 1235649 In Concerned Dublin Citizens v. City of Dublin (2013) __ Cal.App.4th __, 2013 WL 1235649, the First District Court of Appeal held that a residential development pro… Read More
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Categories: Articles, CEQA

Fracking Update: Legislature Proposes Fracking Moratorium

The California Legislature has proposed four bills which would impose a moratorium on hydraulic fracturing, or “fracking,” in the State of California. Fracking involves injecting a high pressure stream of water, sand and chemicals into ro… Read More
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Categories: Articles

Fracking Update: New Proposed Legislation

Building on recent public pronouncements, two California legislators have proposed new legislation that would regulate water usage during the hydraulic fracturing, or “fracking” process. Fracking involves injecting a high pressure stream… Read More
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Categories: Articles

Original Plan of Operations Still Valid after 17-Year Suspension of Mining Operations

Center for Biological Diversity v. Salazar 2013 WL 440727 In Center for Biological Diversity v. Salazar, 2013 WL 440727, the Ninth Circuit held that a lengthy hiatus in mining operations did not automatically warrant a new plan of operations from the… Read More
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Categories: NEPA

CEQA Reform Watch: New Proposed Amendments

California Senators Darrel Steinberg (D-Sacramento) and Noreen Evans (D-Santa Rosa) have each introduced legislation to amend the California Environmental Quality Act (“CEQA”). Senator Steinberg’s bill, SB 731, introduced on Februar… Read More
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Categories: Articles, CEQA

Lead Agencies not Bound by Appendix G in Setting CEQA Thresholds

Save Cuyama Valley v. County of Santa Barbara (2013) ___ Cal.App.4th ___ In Save Cuyama Valley v. County of Santa Barbara (2013) ___ Cal.App.4th ___, a California Court of Appeal has ruled that a lead agency need not use the CEQA Guidelines Appendix… Read More
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Categories: Articles, CEQA

California Court Rejects Piecemealing Argument Where Different Projects Share Common Access Road

Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal.App.4th 1209 In Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal.App.4th 1209, a California court rejected claims that a city “piecemealed” its CEQA review… Read More
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Categories: Articles, CEQA

Sovereign Immunity Does Not Bar Application of NEPA on Tribal Reservation Lands

Dine Citizens Against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement 2013 WL 68701 In Dine Citizens Against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement,… Read More
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Categories: Articles, NEPA

NEPA Review of Right-of-Way Request Not Extended to Private Turbine Project

Sierra Club v. Kenna 2013 WL 144251 The Bureau of Land Management’s NEPA Handbook contains several hypotheticals to illustrate NEPA concepts. In the case of federal access roads to reach private landholdings, the Handbook includes this scenario… Read More
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Categories: Articles, NEPA