Articles

Georgetown Preservation Society v. County of El Dorado - Despite Compliance with Local Design Standards Lay Opinion on Aesthetics Can Support a CEQA "Fair Argument"

A recent opinion by California’s Third Appellate District holds that even if a project conforms to county historic design guidelines, lay opinions relating to the aesthetics may support a fair argument of substantial impacts on the environment. Read More
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Ninth Circuit Holds That Environmental Restrictions Which Ban Specific Mining Methods are not Preempted by Federal Law

The Ninth Circuit Court of Appeals recently held that an Oregon state law which prohibited certain in-stream mining methods was a reasonable environmental regulation and thus was not preempted by federal law. Read More
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Protect Niles v. City of Fremont - Personal Observations May Support a CEQA "Fair Argument"

August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic impacts based on a negative declaration.  In Protect Nil… Read More
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Nuclear Regulatory Commission Violates NEPA by Allowing Licensing Decisions to Stand While NEPA Defects Are Corrected

July 2018 Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission 2018 U.S. App. LEXIS 20215 The District of Columbia Circuit recently held that the U.S. Nuclear Regulatory Commission’s practice of leaving licensing decisions in effect while under… Read More
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U.S. Fish & Wildlife Service and National Marine Fisheries Service Propose Revisions to Endangered Species Act Regulations

 July 2018 The U.S. Fish and Wildlife Service (“Service”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (together “Agencies”) have jointly proposed revisions to regulations that implement p… Read More
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California Natural Resources Agency Releases Additional Proposed Revisions to CEQA Guidelines

July 2018 The California Natural Resources Agency has released another round of proposed revisions to the CEQA Guidelines. The draft changes to the guidelines were originally published in January 2018 and followed by public hearings in March 2018. Th… Read More
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SMARA Legislation: SB 854

Public Resources Code §§ 2774, 2774.2.5 June 2018 On June 27, 2018, Governor Brown approved changes to the Surface Mining and Reclamation Act (Pub. Resources Code § 2710, et seq [“SMARA”]) relating to how certain mine-related information is su… Read More
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ARB Holding Workshops on AB 617 Stationary Source Emissions Reporting Regulations

May 2018 California Assembly Bill 617, adopted by the state Legislature in 2017, requires stationary air sources to track and report emissions of criteria and toxic pollutants on an annual basis.  The California Air Resources Board is beginning the… Read More
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Mine Safety and Health Administration Publishes Final Rule on Workplace Examinations

30 CFR § 56/57.18002 April 2018 On April 9, 2018, the Mine Safety and Health Administration (MSHA) published its final Workplace Examination rule (the “Final Rule”).  The Final Rule is the culmination of MSHA’s nearly two-year effort to revis… Read More
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NINTH CIRCUIT UPHOLDS NEWHALL RANCH 404(B)(1) ANALYSIS; REJECTS ARGUMENTS THAT CORPS FAILED TO PROPERLY ANALYZE COSTS OF ALTERNATIVES

Friends of the Santa Clara River v. U.S. Army Corps of Engineers 2018 U.S. App. LEXIS 8883 April 2018 The Ninth Circuit has rejected a legal challenge to the Army Corps of Engineer’s Section 404 permit for the 12,000-acre Newhall Ranch mixed-use pr… Read More
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