News & Analysis as of

Mitigation Clean Water Act

Holland & Knight LLP

Senate Committee Convenes Hearing to Examine PFAS as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) issued a proposed rule on Sept. 6, 2022, to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), along with their structural isomers, as hazardous...more

Downey Brand LLP

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

Downey Brand LLP on

In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional...more

Perkins Coie

Court Holds That CEQA Does Not Limit Agencies’ Authority to Impose Mitigation Pursuant to Other Laws

Perkins Coie on

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

Miller Starr Regalia

Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says “Sometimes, Yes,” Upholds Regional Water Board’s...

Miller Starr Regalia on

In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste...more

Nossaman LLP

Template for Mitigation Banking Instruments in California to be Revised

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On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 404 Permitting/Today & Tomorrow: Jimmy Rogers (FTN Associates) Arkansas Environmental Federation Webinar Presentation

Mr. Jimmy Rogers undertook a webinar presentation for the Arkansas Environmental Federation titled: Section 404 Permitting – Today & Tomorrow (“Presentation”) - Mr. Rogers is an environmental scientist with FTN...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Compensatory Mitigation for Losses of Aquatic Resources (Mitigation Rule): U.S. EPA/Corps of Engineers Webinar Addressing Possible...

The United States Environmental Protection Agency and Corps of Engineers (collectively “Corps”) is undertaking a review of the Comprehensive Mitigation for Losses of Aquatic Resources rule (“Mitigation Rule”). The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

White Oak Bayou Watershed/Service Areas: U.S. Army Corps of Engineers (Little Rock District) Public Notices Exclusion Decision

The United States Army Corps of Engineers (“Corps”) Little Rock District issued a March 25th public notice addressing the White Oak Bayou Watershed. The White Oak Bayou Watershed is located in Pulaski County, Arkansas....more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Regulatory Guidance for Mitigation Banks: U.S. Army Corps of Engineers Issues Regulatory Guidance Letter 19-01

The United States Army Corps of Engineers (“Corps”) Headquarters issued a new Regulatory Guidance Letter (“RGL”) addressing wetland mitigation banks....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Bank: U.S. Army Corps of Engineers (Little Rock District) Public Notices Proposed Arkansas Department of...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a February 28th Public Notice regarding the proposed Ink Bayou Mitigation Bank (“Bank”). The Public Notice describes a prospectus for a Bank...more

Sheppard Mullin Richter & Hampton LLP

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

Stoel Rives LLP

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

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On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

Allen Matkins

California Environmental Law and Policy Update - October 2014 #4

Allen Matkins on

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

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