A California appellate court has extended the recent series of decisions providing guidance on the CEQA baseline. The court in Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552 upheld an environmental impact report for a medical…
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The California Environmental Quality Act (“CEQA”), at its essence, requires lead agencies to identify the potential significant impacts a proposed project may have on the environment. A California appellate court in Ballona Wetlands Land…
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Nelson v. County of Kern California’s Fifth District Court of Appeal has issued a new decision which clarifies the scope of the CEQA environmental review for mining operations on federal land. In Nelson v. County of Kern (DJDAR 17585, Nov. 19,…
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Center for Biological Diversity v. United States Department of the Interior On September 23, 2010, a divided Ninth Circuit court dealt a major setback to BLM’s proposed land exchange involving Asarco’s Ray Mine, and raised the standard fo…
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Communities for a Better Environment v. City of Richmond A new California appellate decision is the first to consider, and to reject, the adequacy of greenhouse gas mitigation measures under CEQA. The First Appellate District’s April 2010 rulin…
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Communities for a Better Environment v. South Coast Air Quality Management District On March 15, 2010, the California Supreme Court issued its highly anticipated ruling in Communities for a Better Environment v. South Coast Air Quality Management Dis…
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INTRODUCTION The Surface Mining and Reclamation Act of 1975 (Pub. Resources Code, § 2710 et seq. [“SMARA”]) includes provisions applicable to “idle” mines. These provisions, never a centerpiece of SMARA practice or compliance…
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