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Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perfor… Read More
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Please Note Our New Address

Harrison, Temblador, Hungerford & Johnson LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthjlaw.com with any questions. Read More
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Grading Permit Ruled a Ministerial Act Beyond CEQA Although Limited Exercise of Discretion

Sierra Club v. County of Sonoma (2017) Cal. App. LEXIS 375 In Sierra Club v. County of Sonoma, a California court declined consider the issuance of a grading permit to be an act subject to CEQA, despite that the ordinance gave County officials a degr… Read More
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Governor's Cannabis Trailer Bill Proposes to Limit Traditional Judicial Oversight of State Regulators

The Brown administration introduced major cannabis legislation earlier this month in the form of a “trailer bill”.  Trailer bills are typically reserved for “cleanup” legislation as part of the annual state budget process.  This trailer bil… Read More
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Sixth Circuit Draws Tighter Boundary Around MSHA Jurisdiction

The federal courts rarely full stop the Mine Safety and Health Administration’s pursuit of jurisdictional manifest destiny, but the Sixth Circuit Court of Appeals had no qualms about doing so recently in Maxxim Rebuild Co., LLC v. Fed. Mine Safety… Read More
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CA Senate Bill 49 Would Establish Obama-Era Federal Environmental Standards as Minimum Standards Under State Law

In response to the Trump Administration’s promised rollbacks of federal environmental regulations, California State Senate President pro Tempore Kevin De León and Senator Henry Stern have introduced Senate Bill 49 (“SB 49”), a sweeping attempt… Read More
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California Supreme Court Upholds Moratorium on Suction Dredging

In People v. Rinehart, the California Supreme Court recently upheld a moratorium on the use of suction dredge methods to extract gold from federal mining claims. Since 1961, the California Department of Fish and Wildlife has issued permits for suctio… Read More
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Categories: Articles, Mining

Compliance with State Medical Marijuana Permit a Defense to Federal Prosecution, Ninth Circuit Rules

As specialists in permitting medical marijuana in cities and counties under California’s Medical Marijuana Regulation and Safety Act (MMRSA) and local land use ordinances, we are frequently asked whether a local permit provides a defense to federal… Read More
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Categories: Articles, Marijuana

SMGB and DOC Begin Making Regulatory Changes Required by SMARA Reforms

The Legislature recently passed the most significant reforms to SMARA in more than 20 years, as we detailed in a prior post here.  These reform measures touch every key process in SMARA, including the reclamation plan review and approval process, th… Read More
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Categories: Articles, SMARA

Recreational Marijuana Initiative Qualifies for the November Ballot

On Tuesday, June 28, the California Secretary of State announced that proponents of the “Adult Use of Marijuana Act” (“AUMA”) submitted enough valid petition signatures to qualify the measure for the November ballot. The AUMA, if approved by… Read More
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Categories: Articles, Marijuana