The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a...more
5/8/2013 - Dispensaries Local Ordinance Medical Marijuana Municipalities Preemption
In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more
5/1/2013 - Clean Water Act Coal Mines EPA Permits US Army Corps of Engineers
According to the author’s April 23, 2013 press release, the amended version of Senate Bill 731 is a “comprehensive reform” of CEQA, “modernizing the law to aid California’s economic growth.” But a close review shows that the...more
4/30/2013 - Amended Legislation CEQA CEQA Reform Notice Requirements Public Transit Recordkeeping Requirements Renewable Energy Reporting Requirements Tolling
An environmental group argued that rain water washing over utility poles and carrying wood preservatives used to treat the poles into Bay Area waterways violated the Clean Water Act (CWA) and the Resource Conservation and...more
4/9/2013 - Clean Water Act Discharge of Pollutants Point Sources RCRA Waste
In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more
4/3/2013 - CEQA CEQA Reform Environmental Impact Report Greenhouse Gas Emissions
The first published California Environmental Quality Act case of 2013, Save Cuyama Valley v. County of Santa Barbara, strongly endorsed a lead agency’s authority to use its own, project-specific significance thresholds in an...more
2/20/2013 - CEQA Environmental Impact Report Groundwater Mining Threshhold Requirements
In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more
1/3/2013 - Ballot Measures CEQA Environmental Impact Report Exemptions Greenhouse Gas Emissions Groundwater Permits Standing Statute of Limitations Tolling Wal-Mart
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