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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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Stranded in Level 1 or Level 2? The 2020 IGP Amendments Allow an Escape

April 2020 Operators under California’s Industrial General Permit (IGP) are familiar with the challenge of maintaining “baseline” status under the IGP. This is especially true for mines and construction material producers, whose facilities are… Read More
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EPA Issues Temporary Policy Regarding Enforcement of Environmental Legal Obligations in Response to COVID-19 Pandemic

March 27, 2020 On March 26, 2020, the U.S. Environmental Protection Agency (“EPA”) issued a temporary policy describing how it will exercise its discretion in enforcing civil violations resulting from noncompliance with a range environmental lega… Read More
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State and Local Public Hearings Continue During COVID-19 Under Governor's Executive Order

March 2020 On March 17, 2020, Gavin Newsom issued Executive Order N-29-20, which temporarily amends key provisions of both the Brown Act and Bagley-Keene Act relating to public participation in public hearings in response to the COVID-19 crisis. This… Read More
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Industry Reminder: 2018 Amendment to Industrial Storm Water General Permit Effective July 1, 2020

March 2020 On November 6, 2018, the State Water Resources Control Board (“Water Board”) amended the National Pollutant Discharge Elimination System (“NPDES”) Statewide Industrial Storm Water General Permit (“General Permit”). The new requ… Read More
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