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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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Executive Order N-54-20 Suspends Certain CEQA Noticing and Posting Requirements and Tribal Consultation Timeframes

April 2020 On April 22, 2020, Governor Newsom signed Executive Order N-54-20, which modifies the requirements for posting certain notices under the California Environmental Quality Act (CEQA) and lengthens the timeframe for tribal consultation. The E… Read More
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U.S. Supreme Court Interprets Clean Water Act to Apply to Groundwater Discharges that are “Functional Equivalent” of Direct Discharges to Navigable Waters

April 2020 The U.S. Supreme Court has held, in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al., that point-source discharges to groundwater require a Clean Water Act (CWA) permit if the discharge is “the functional equivalent of a direct dis… Read More
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COVID-19 Changes To Mine Safety and Health Administration Regular Operations

April 2020 This article summarizes operational changes the Mine Safety and Health Administration (“MSHA”) will make in response to the COVID-19 pandemic. These changes were discussed in MSHA’s April 16, 2020 Quarterly Stakeholder Call. To begin… Read More
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Categories: Articles, COVID-19, Mining, MSHA

California Appellate Court Upholds Baseline Composed of Peak Emissions

Communities for a Better Environment v. South Coast Air Quality Management District 2020 Cal. App. LEXIS 285 April 15, 2020 California’s Second Appellate District, in a well-written opinion, held that a CEQA baseline for a refinery was properly mea… Read More
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California Fish and Game Commission Lists Certain Groups of Foothill Yellow-Legged Frog as Candidate Species Under the California Endangered Species Act

April 2020 In April 2017, the Center for Biological Diversity petitioned the California Fish and Game Commission (“Commission”) to list the Foothill Yellow-Legged Frog (“FYLF”) as threatened under the California Endangered Species Act (“CES… Read More
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