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
The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more
12/18/2018
/ Bright-Line Rule ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
NEPA ,
Proposed Regulation ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
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
10/17/2018
/ Appeals ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Navigable Waters ,
NEPA ,
Scientific Evidence ,
Section 404 ,
Standing ,
State Department of Fish and Wildlife ,
Stormwater Discharge Permits ,
US Army Corps of Engineers ,
Wastewater ,
Water Quality
As reported in our prior Update, in a decision issued on January 22, the U.S. Supreme Court ruled in National Association of Manufacturers v. Department of Defense, 138 S. Ct. 617, that challenges to the Obama...more
4/5/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Delays ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
National Association of Manufacturers v DOD ,
Navigable Waters ,
Preliminary Injunctions ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more
1/26/2018
/ Appeals ,
Case Consolidation ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Exclusive Jurisdiction ,
National Association of Manufacturers v DOD ,
NPDES ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more
6/30/2017
/ Clean Water Act ,
Clean Water Rule ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Inland Waterways ,
Jurisdiction ,
Navigable Waters ,
Obama Administration ,
Rapanos v US ,
Rescission ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States