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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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UPDATE 3/23/2020 - Governor Newsom’s Statewide COVID-19 Shelter-in-Place Order – Impact on Construction Materials Operations

March 23, 2020 This is an update to our March 20 article. Governor Newsom’s Executive Order N-33-20 requires “all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of… Read More
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California Water Boards Expect Compliance with Permit Requirements During Government-Imposed Coronavirus Restrictions

March 22, 2020 On March 20, 2020, the State Water Resources Control Board and the Regional Water Boards issued an update advising that facilities must continue to comply with all water board orders and requirements notwithstanding any “shelter-in-p… Read More
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U.S. Fish and Wildlife Service Proposes to Limit Enforcement of Migratory Bird Treaty Act to Intentional, Not Incidental Acts

March 2020 The U.S. Fish and Wildlife Service (“FWS”) has issued a proposed rule to interpret the Migratory Bird Treaty Act (the “Act”) to prohibit only intentional killing or harming of migratory birds and not actions that only incidentally… Read More
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