Barg Coffin Lewis & Trapp, LLP

Landowners, Developers Win Big In Wetlands Case

Building on a 2012 U.S. Supreme Court decision, the Eighth Circuit ruled on April 10th that Clean Water Act jurisdictional determinations made by the U.S. Army Corps of Engineers can be challenged in a “pre-enforcement” context…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Ninth Circuit Addresses Several CERCLA Issues of First Impression in the Circuit

In AmeriPride Services Inc. v. Texas Eastern Overseas Inc., the Ninth Circuit examined several issues under CERCLA, some of which were issues of first impression in the Circuit, including: - Whether a district court must…more
| Civil Procedure, Civil Remedies, Environmental Law, Personal Injury, Real Estate - Commercial

UPDATE: Citadel Dumps Challenge to San Benito County Hydraulic Fracturing Ban

Citadel Exploration has abandoned its legal challenge to San Benito County’s Measure J, a voter-sponsored initiative that banned several enhanced recovery methods of extracting oil and gas, including hydraulic fracturing and…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

California Issues Emergency Regulations Restricting Underground Injection in Connection with Oil and Gas Recovery

The California Department of Conservation (“Department”) proposes to adopt emergency regulations purported to bring California’s underground injection control program into compliance with the federal Safe Drinking Water Act…more
| Conflict of Laws, Energy & Utilities, Environmental Law

Rage Rises To The Top At BLM's New Fracking Rules

On March 20, 2015, the U.S. Department of the Interior announced the issuance of a final rule regulating hydraulic fracturing on public lands managed by the Bureau of Land Management. The rule will regulate fracking in…more
| Energy & Utilities, Environmental Law

New Prop. 65 Regulations Being Considered in California

For nearly three decades, California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as “Proposition 65," has, under specified conditions, required businesses that sell or distribute products in California…more
| Environmental Law, Consumer Protection, Products Liability, Science, Computers, & Technology

Dividing CERCLA Site Just Won't Cut It On Liability

In an order on March 3, U.S. District Judge William C. Griesbach, who is presiding over the long-running Comprehensive Environmental Response, Compensation, and Liability Act litigation concerning the Lower Fox River and Green…more
| Civil Procedure, Civil Remedies, Environmental Law, Toxic Torts, Real Estate - Commercial

Ruling Complicated Use of CEQA's Categorical Exemptions

Categorical exemptions from environmental review under the California Environmental Quality Act, or CEQA, do not apply to projects involving a reasonable possibility of a significant effect on the environment due to unusual…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

Federal Government Takes First Steps to Impose Regulation of Hydraulic Fracturing on Public Lands

On March 20, 2015, the Interior Department announced the issuance of a final rule regulating hydraulic fracturing on Federal and American Indian lands. The rule was initially proposed by the Bureau of Land Management (“BLM”) on…more
| Construction Law, Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

California Appellate Court Agrees with Defendants on Prop. 65 Exposure Averaging

In one of the most significant appellate decisions interpreting California’s Prop. 65, the California Court of Appeal on March 17 ruled that, for purposes of establishing the Prop. 65 “safe harbor” defense, exposure to a listed…more
| Administrative Law, Environmental Law, Science, Computers, & Technology

DTSC Invites Public Comments on Proposed Supplemental Environmental Projects Policy

This month, the California Department of Toxic Substances Control (“DTSC”) issued a Public Notice proposing a Supplemental Environmental Projects (“SEP”) Policy (“Policy”). DTSC is seeking public comment on the Policy through…more
| Administrative Law, Environmental Law, Science, Computers, & Technology

CEQA Alert UPDATE: Petitions for Review Filed in Greenhouse Gas and ICCTA Preemption Cases

As previously reported, two decisions by California’s Fourth Appellate District in late 2014 highlighted CEQA compliance challenges facing local governments charged with implementing state and local greenhouse gas emissions…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation

California’s Fracking Preemption Battle Moves Forward in San Benito County

Oil company Citadel Exploration, Inc. has reportedly filed a lawsuit against San Benito County, arguing that the County’s voter-sponsored ban on various types of well stimulation—often referred to generally as hydraulic…more
| Conflict of Laws, Constitutional Law, Elections & Politics, Energy & Utilities, Environmental Law

CEQA Alert: California Supreme Court Issues Long-Awaited Guidance on the “Unusual Circumstances” Exception to CEQA’s Categorical Exemptions

In its March 2 decision in Berkeley Hillside Preservation v. City of Berkeley (SC Case No. S201116), the California Supreme Court provides critical guidance to CEQA lead agencies and practitioners regarding the proper…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

CEQA Update: Three New Court of Appeal Decisions Issued; Key Supreme Court Rulings Expected (and the Sacramento Kings are on a Roll)

2015 is shaping up to be another active year for CEQA judicial review. After taking an extended holiday break, the Courts of Appeal have recently published three decisions, two of which reinforce existing case law on how to set…more
| Civil Procedure, Conflict of Laws, Environmental Law, Zoning, Planning & Land Use
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Contact

350 California Street 22nd Floor
San Francisco, CA 94104-1435, United States

  • 415 228 5400
  • 415 228 5450

Areas of Practice
  • Commercial Law & Contracts
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Insurance
  • Litigation
  • Real Estate
  • Toxic Torts
  • Zoning, Planning & Land Use
Number of Attorneys

11-24 Attorneys

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