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Real World Implications of Forest Service’s New Process for Finalizing Records Of Decision

About a year ago, the Department of Agriculture (“USDA”) issued a final rule establishing a ?new and exclusive process for filing objections to certain proposed National Forest Service (“NFS”) ?projects and activities (78...more

The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

Use of Agricultural Conservation Easements Must Be Considered In Mitigating Loss of Prime Farmland To Development

A sand and gravel quarry was proposed for a site containing 45 acres of prime farmland. The Environmental Impact Report (“EIR”) analyzing the development concluded that obtaining perpetual agricultural conservation easements...more

First District Publishes Significant CEQA Decision On Legal Feasibility Of Mitigation For Prime Farmland Losses In Masonite...

In a partially-published opinion filed July 25, 2013, the First District Court of Appeal reversed the trial court’s judgment denying a writ petition with directions that the County of Mendocino prepare and circulate a...more

Court Finds Public Interest In Meeting Renewable Energy Goals in California Outweighs Efforts To Preserve Agricultural Lands -...

In Save Panoche Valley v. San Benito County, the Sixth District Court of Appeal upheld the county’s approval of a 420-megawatt photovoltaic solar plant. The court found that the county had substantial evidence to support its...more

Appellate Court Holds That Regional Water Quality Control Board Approval Of Discharge Permit For Dairies Fails To Satisfy...

In a decision filed on November 6, 2012, the Third District Court of Appeal held that the Central Valley Regional Water Quality Control Board (“Regional Water Board”) failed to comply with the State’s anti-degradation policy...more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Ninth Circuit Ruling that Rainwater Runoff from Logging Roads Is a Point Source Discharge Requiring NPDES Permitting Is Under...

In August, 2010, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in NEDC v. Brown, in which the court overturned more than 35 years of U.S. Environmental Protection Agency (EPA) regulations governing storm...more

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