Federal Court Clarifies CERCLA Statute of Limitations

Long Beach Unified School District v. Santa Catalina Island Co. 2021 U.S. Dist. LEXIS 196636 (C.D. Cal. 2021) In Long Beach Unified School District v. Santa Catalina Island Co., 2021 U.S. Dist. LEXIS 196636 (C.D. Cal. 2021), a federal court held that… Read More
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Fourth Appellate District Rejects “Net-Zero” Greenhouse Gas Mitigation Measures

Elfin Forest Harmony Grove Town Council v. County of San Diego 2021 Cal. App. Unpub. LEXIS 6474 California’s Fourth Appellate District continues to hold San Diego County to a high standard for “net zero” greenhouse gas (GHG) mitigation measures… Read More
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City of San Diego Required to Further Analyze Underground Utilities Projects’ Consistency with City’s Climate Action Plan

The Court of Appeal for the Fourth Appellate District recently decided a California Environmental Quality Act (“CEQA”) case, McCann v. City of San Diego (Oct. 8, 2021, No. D077568) ___Cal.App.5th___ [2021 Cal. App. LEXIS 839], that clarifies the… Read More
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California Court of Appeal Clarifies Five-Acre Project Size Requirement for CEQA’s Infill Exemption for Gas Station Project

In Protect Tustin Ranch v. City of Tustin (G059709), an unpublished opinion, the Fourth District Court of Appeal upheld the use of CEQA’s infill exemption to approve a Conditional Use Permit (“CUP”) for the demolition of a structure and constru… Read More
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New Toxicity Provisions Establish Statewide Effluent Limitations for NPDES Permits

On October 5, 2021, the State Water Resources Control Board (“State Board”) adopted statewide requirements for dischargers, known as the “Toxicity Provisions,” which insert a uniform set of effluent limitations into each region’s basin plan… Read More
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CEQA’s Categorical Exemption for “Existing Facilities” Again Found Ambiguous

Los Angeles Dept. of Water & Power v. County of Inyo 2021 Cal. App. LEXIS 676 Section 15301 of CEQA’s Guidelines categorically exempts, among other things, ongoing operations at “existing facilities.” A new decision from the Fifth Appellate… Read More
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Categories: Articles, Water

Understanding Cal/OSHA Mining and Tunneling Citation Penalties

As most California mine operators are aware, Cal/OSHA maintains a “Mining and Tunneling Division” that duplicates the federal Mine Safety and Health Administration’s safety oversight over mining operations. And, just like MSHA, Cal/OSHA Mining… Read More
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First District Court of Appeal Rules that Responsible Agencies May Impose Mitigation Measures That Were Not Identified During CEQA Review of a Project

The First District Court of Appeal recently held that the California Environmental Quality Act (“CEQA”) does not prevent responsible agencies from imposing mitigation requirements that are more stringent than those identified in a certified Envir… Read More
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Categories: Articles, CEQA, Water

Sacramento Court Invalidates State Wetlands Regulations

The Sacramento County Superior Court recently invalidated state regulations that were designed to create new permitting requirements for dredge and fill activities in wetlands that lost federal protections under the Clean Water Act following United S… Read More
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Mine Safety and Health Administration: Annual Increase to Civil Penalties

On January 14, 2021, the United States Department of Labor published a final rule in the Federal Register that increases the Mine Safety and Health Administration’s (“MSHA”) civil monetary penalties. As is required every year, the civil penalti… Read More
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Categories: Articles, Mining