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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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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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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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March 31 Bay Area Shelter-In-Place Order - Impact On Construction Materials Operations

April 1, 2020 Yesterday, March 31, six Bay Area counties (Alameda, Contra Costa, Marin, Santa Clara, San Francisco [County/City], and San Mateo) and one city (Berkeley) issued an updated shelter-in-place order. THE ORDER IS IDENTICAL FOR EACH COUNTY/… 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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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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