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

DOJ Pledges to Abstain from Seeking Clean Water Act Penalties Where States Pursuing Comparable Enforcement

On July 27, 2020, the Assistant Attorney General in charge of the U.S. Department of Justice’s Environment and Natural Resources Division announced that the federal government will not, as a general policy, seek civil penalties in Clean Water Act (… Read More
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Categories: Articles

Court of Appeal Upholds Statutorily Conferred Vested Rights Against Ballot Box Challenge

Redondo Beach Waterfront, LLC v. City of Redondo Beach 2020 Cal. App. LEXIS 634 July 2020 California’s Second Appellate District has upheld statutorily conferred vested development rights from challenge by a later approved citizens’ initiative. T… Read More
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Winery Waste Discharge Requirements Scheduled for Adoption in November 2020

California’s State Water Resources Control Board continues to advance its development of general waste discharge requirements (“WDRs”) for wineries. On July 3, 2020, the board gave notice of a July 22, 2020 online public workshop and scheduled… Read More
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Regulatory Update: California Cannabis Licensees May Defer License Payments Until August 31, 2020

June 2020 In a continuing response to COVID-19, on June 29, 2020, the three California cannabis agencies (the Bureau of Cannabis Control, California Department of Food and Agriculture CalCannabis, and the California Department of Public Health Manufa… Read More
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CEQA Statute of Limitations Applies Regardless of the Merits of the Underlying Lawsuit

May 2020 On April 2, 2020, the Court of Appeal affirmed that CEQA’s accelerated statute of limitations on court challenges apply, regardless of whether the agency lacked authority to approve the project or make the CEQA determination in the first i… Read More
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