This paper was written for the Society for Mining, Metallurgy, and Exploration’s Critical Minerals 2014: Rare Earths and Beyond conference, held in Denver, Colorado, August 3-5, 2014. Abstract. Native American cultural resources (i.e., burial sites… Read More

COURT SANCTIONS FAA REVIEW AS MITIGATION FOR WIND ENERGY PROJECT In a partially published decision, the Court of Appeal for California’s Fifth District upheld Kern County’s approval of a major wind energy generation project against a challenge by… Read More

CEQA INAPPLICABLE TO VOTER INITIATIVES In a decision published on August 7, the California Supreme Court decided that CEQA review does not apply to a voter initiative presented to a local government and approved by that body without an election. The… Read More

CEQA INDUSTRY UPDATE: SB 743 On August 6, 2014, the Office of Planning and Research (hereinafter “OPR”) published the Preliminary Discussion Draft of Updates to the CEQA Guidelines Implementing Senate Bill 743 (hereinafter “Discussion Draft”)… Read More

San Francisco Beautiful v. City and County of San Francisco (2014) 226 Cal.App.4th 1012 In yet another case involving CEQA’s categorical exemptions, and the “unusual circumstances” exceptions to them, the California Court of Appeal held that th… Read More

California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th The California Court of Appeal, Third District, recently invalidated an Environmental Impact Report (“EIR”) because a City’s mitigation measures for urban decay failed… Read More

Sierra Club et al v. County of Fresno Cal.Rptr.3d— (2014) WL2199317 The Fifth District Court of Appeal recently held that an environmental impact report (“EIR”) was inadequate for failing to study air pollutant emissions caused by the proje… Read More

Mine operators can be cited by the federal Mine Safety and Health Administration (MSHA) for independent contractors’ violations of the Mine Act and MSHA regulations. Independent contractors perform a multitude of key mine activities like drilling,… Read More