May 2012

NEPA Streamlining Legislation Proposed in Congress (HR 4377)

On April 18, 2012, Congressman Dennis Ross (R-Fla.) introducted new federal legislation to streamline the permitting process under the National Environmental Policy Act (NEPA).  The legislation, known as the "Responsibly and Professionally Invigorating Development (RAPID) Act" (HR 4377), sets forth ambitious NEPA amendments that would affect the federal environmental review process in important ways.

January 2012

California Mining Update

Governor Jerry Brown's 2012-13 budget, released January 10, again proposes to eliminate the California State Mining and Geology Board ("SMGB").  Governor Brown proposed a similar measure in the 2011-2012 budget, but the proposal was not included in the final budget approved by the Legislature.  Both proposals stem from Governor Brown's stated effort to improve government efficiency.

October 2011

Governor Brown Signs SB 194 - Increases Expenditure Requirements to Extend Tentative Maps

On September 30, 2011, Governor Jerry Brown signed Senate Bill 194, the Local Government Omnibus Act of 2011, which changes 22 state laws affecting local agencies' powers and duties.  Among its changes, SB 194 increases the dollar limit for mandatory extensions of phased tentative subdivision maps from $178,000 to $236,790.  This increase reflects the statutory threshold set by the State Allocation Board in January 2011.

October 2011

Governor Brown Signs SB 108 - Enacts New "Idle Mine" Rules

On October 6, 2011, Governor Brown signed SB 108, which enacts important changes to provisions in SMARA pertaining to "idle" mines, or mines that temporarily reduce or suspend operations. Among other things, SB 108 allows mine operators to, by July 1, 2013, submit amended or corrected annual reports concerning mineral production or mine status, and to return a mine to “idle” status by submitting and obtaining approval of an interim management plan. SB 108 also clarifies lead agencies’ ability to renew approved interim management plans.

May 2011

Possible Elimination of State Mining and Geology Board: California Mining Update

In an extremely important development involving the State Mining and Geology Board, Governor Jerry Brown’s office has proposed the elimination of the Board, and reassignment of the Board’s functions to the Department of Conservation.

January 2012

Important Changes to MSHA Conference Procedure

The federal Mine Safety and Health Administration ("MSHA") recently announced that, beginning in January 2012, it would again allow mine operators to discuss citations and orders with MSHA through informal conferences prior to penalty assessment.

January 2012

California Court Rules That Local Air Districts Can Determine Validity of PERP Registration

California's Third Appellate District has answered the longstanding question over whether a local air district can decide the validity of portable equipment air permits issued under the state's Portable Equipment Registration Program ("PERP").  In Hardesty v. Sacramento Metropolitan Air Quality Management District, the court held that local air districts indeed have the power to declare a PERP registration invalid, and require a local air permit.

January 2012

Court Clarifies that CEQA is a One-Way Street: EIRs Need Not Analyze Impact of Global Climate Change on Proposed Projects

The California Environmental Quality Act ("CEQA"), at its essence, requires lead agencies to identify the potential significant impacts a proposed project may have on the environment.  A California appellate court in Ballona Wetlands Trust v. City of Los Angeles (2011) 201 Cal.App.4th 455 recently clarified that CEQA does not require lead agencies to identify or analyze impacts the environment may have on a proposed project.  Specifically, the court held that the City of Los Angeles ("City") was not required to discuss the impact of sea level rise on a proposed mixed-use development in its Environmental Impact Report ("EIR").

January 2012

California Court Upholds CEQA Traffic Baseline Composed of Existing and Predicted Conditions

A California appellate court has extended the recent series of decisions providing guidance on the CEQA baseline.  The court in Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal.App.4th 1552 upheld an environmental impact report for a medical campus expansion where the traffic baseline used both existing and predicted traffic conditions.  The court rejected concerns that the baseline relied in part on the predicted traffic conditions.

December 2010

California Court Clarifies CEQA Review for Mining Operations on Federal Land

In Nelson v. County of Kern, a California appellate court has clarified the scope of the CEQA environmental review for mining operations on federal lands.