Articles

Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perfor… Read More
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Please Note Our New Address

Harrison, Temblador, Hungerford & Johnson LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthjlaw.com with any questions. Read More
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California Cannabis Laws In Flux

California cannabis regulators (Bureau of Medical Cannabis Regulation, CalCannabis Cultivation Licensing, Office of Manufactured Cannabis Safety) have all been hard at work drafting regulations to implement the 2015 Medical Cannabis Regulation and Sa… Read More
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Court Upholds Use Of Deed Restrictions As An Enforceable Method of Protecting Mitigation Lands

Sierra Club v. County of San Benito (2017 Cal. App. LEXIS 1987) In Sierra Club v. County of San Benito, a California court upheld the county’s use of a deed restriction, rather than insisting upon a conservation easement, as a mechanism to ensure t… Read More
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Grading Permit Ruled a Ministerial Act Beyond CEQA Although Limited Exercise of Discretion

Sierra Club v. County of Sonoma (2017) Cal. App. LEXIS 375 In Sierra Club v. County of Sonoma, a California court declined consider the issuance of a grading permit to be an act subject to CEQA, despite that the ordinance gave County officials a degr… Read More
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Governor's Cannabis Trailer Bill Proposes to Limit Traditional Judicial Oversight of State Regulators

The Brown administration introduced major cannabis legislation earlier this month in the form of a “trailer bill”.  Trailer bills are typically reserved for “cleanup” legislation as part of the annual state budget process.  This trailer bil… Read More
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Sixth Circuit Draws Tighter Boundary Around MSHA Jurisdiction

The federal courts rarely full stop the Mine Safety and Health Administration’s pursuit of jurisdictional manifest destiny, but the Sixth Circuit Court of Appeals had no qualms about doing so recently in Maxxim Rebuild Co., LLC v. Fed. Mine Safety… Read More
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CA Senate Bill 49 Would Establish Obama-Era Federal Environmental Standards as Minimum Standards Under State Law

In response to the Trump Administration’s promised rollbacks of federal environmental regulations, California State Senate President pro Tempore Kevin De León and Senator Henry Stern have introduced Senate Bill 49 (“SB 49”), a sweeping attempt… Read More
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Court Upholds CEQA Baseline Set By Historical Levels Of Refinery Operation

In an unpublished decision, Communities for Better Environment v. South Coast Air Quality Management District, California’s Second Appellate District upheld the decision of an air district to issue a negative declaration for a project that expanded… Read More
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Jury Awards $100M Damages to Vested Mine Operators

Joe and Yvette Hardesty and the Jay Schneider family were awarded more than $100 million in damages against Sacramento County in federal court on Tuesday, March 21.  The litigation was one in a long line of lawsuits and administrative actions concer… Read More
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