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[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked...more
Eighty-nine organizations (collectively “Coalition”)two sent letters, respectively, to United States Senators Merkley and Murkowski, and Congresswoman Pingree and Congressman Joyce urging their support to enable the U.S....more
In Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, No. A157127, 2020 WL 7706795 (Cal. Ct. App. Dec. 29, 2020), the court ruled that CEQA does not constrain an agency’s authority to...more
The First District Court of Appeal ruled that CEQA does not constrain an agency’s authority to administer and enforce any other laws, including those authorizing imposition of mitigation requirements. Thus, even after an EIR...more
In a busy few days for the pipeline industry, the Supreme Court provided sorely needed relief by issuing a stay of the Montana District Court’s order vacating Nationwide Permit (NWP) 12 for the oil and gas industry. While...more
The Missouri Attorney General and Missouri Department of Natural Resources (collectively, “Missouri”) filed a Complaint in the United States District Court for the Western District of Missouri on February 5th against: -...more
On December 30, 2019, Mississippi Secretary of State Delbert Hosemann filed suit against the U.S. Army Corps of Engineers, requesting the federal district court in Gulfport to order the Corps to stop diversions of floodwaters...more
The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more
The United States Army Corps of Engineers (Memphis District) (“Corps”) published an August 9th Federal Register Notice stating its intent to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement...more
On March 1, the U.S. Court of Appeals for the District of Columbia decided National Parks Conservation Assoc. v. Todd T. Simonite, Lieutenant General, et al. The case involves an application to the U.S. Army Corps of...more
In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more
The United States Army Corps of Engineers (“Corps”) announced in a July 13th Federal Register notice its intent: . . . to prepare Supplement II (SEIS II) to the Final environmental Impact Statement, Mississippi River and...more
The United States Court of Appeals for the 5th Circuit (“5th Circuit”) overturned a United States District Court’s grant of a preliminary injunction preventing Bayou Bridge from constructing a pipeline in part through the...more
President Trump’s infrastructure plan includes a number of important proposals. My initial reaction is consistent with my view of many of the President’s initiatives – he gives regulatory reform a bad name. We do need to...more
A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more
A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more
On June 21, 2016, a three-judge panel of the Ninth Circuit denied a petition for review of a decision of the Bonneville Power Administration to proceed with a change in the operation of the Albeni Falls Dam during the winter...more
In JMR Construction Corporation v. Environmental Assessment and Remediation Management, Inc. (Court of Appeal No. H039055, Monterey County Superior Court No. M105497), the Sixth Appellate District held the Eichleay formula...more
Environmental and Policy Focus - California Approves Drought Curb on Sacramento River Flows - Sacramento Bee - Jul 8: California regulators gave final approval on Tuesday to a controversial drought plan to restrict the...more
When facing the potential of spending large sums of money on remediation, administrative enforcement, or litigation due to a chemical release to the environment, you must be able to take the collected information and data and...more
Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more
In a lengthy, mostly published opinion filed on March 20, 2014, the Second District Court of Appeal reversed the trial court’s judgment granting a writ of mandate, and upheld – as against state law challenges brought by a...more