Impact Energy Resources, LLC v. Salazar 693 F.3d 1239 (per curiam) A recent decision by the Tenth Circuit Court of Appeals confirms the fundamental importance of ensuring that a lawsuit challenging an adverse regulatory decision is filed within the t… Read More

Introduction and Overview In July 2012, the State Water Resources Control Board (SWRCB) released a new revision of its general permit for storm water discharges from industrial activities (2012 Draft Permit). This process of updating the permit began… Read More

Karuk Tribe of California v. US Forest Service (2012) 681 F.3d 1006 In Karuk Tribe of California v. US Forest Service (2012) 681 F.3d 1006, the Ninth Circuit Court of Appeals decided in a 7-4 en banc (full court) decision to require the US Forest Ser… Read More

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 204 Cal.App.4th 1480 In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 204 Cal.App.4th 1480, the Second Appellate District has joined the… Read More

Abatti v. Imperial Irrigation District In Abatti v. Imperial Irrigation District, the Fourth Appellate District has affirmed CEQA Guidelines Section 15162 and the longstanding Benton v. Board of Supervisors case, which collectively limit a lead agenc… Read More

On May 1, 2012, the Governor’s Office of Planning & Research (“OPR”) released updated draft California Environmental Quality Act (“CEQA”) Guidelines to implement Senate Bill 226 (Simitian). Passed by the Legislature… Read More

On April 18, 2012, Congressman Dennis Ross (R-Fla.) introduced new federal legislation to streamline the permitting process under the National Environmental Policy Act (NEPA). The legislation, known as the “Responsibly and Professionally Invigo… Read More

The federal Mine Safety and Health Administration (“MSHA”) recently announced that, beginning in January 2012, it would again allow mine operators to discuss citations and orders with MSHA through informal conferences prior to penalty ass… Read More