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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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New CEQA Transportation Analysis Guidelines: A Fundamental Change

March 2020 On July 1, 2020, new guidelines will go into effect marking a fundamental shift in how transportation impacts are analyzed under the California Environmental Quality Act (“CEQA”). The new guidelines, adopted at 14 CCR § 15063.4, will… Read More
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Recent Successes: MSHA 105(c) Discrimination Actions

February 2020 In just the last year this firm litigated and successfully defended two Section 105(c) complaints filed under the federal Mine Safety and Health Act (the “Mine Act”). (30 USC § 801, et seq.) This section prohibits mine operators fr… Read More
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EPA and U.S. Army Corps of Engineers Finalize Rule Defining "Waters of the United States."

On January 23, 2020, the Environmental Protection Agency and U.S. Army Corps of Engineers finalized the Navigable Waters Protection Rule defining “waters of the United States.” Read More
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New Emergency Regulations to Protect Outdoor Workers from Wildfire Smoke

On July 18, 2019, the California Department of Industrial Relations, Occupational Safety and Health Standards Board (“Board,” also known as “Cal/OSHA”), adopted emergency regulations designed to protect outdoor workers from wildfire smoke. Read More
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State Auditor Finds That California Department of Fish & Widlife Failed to Comply With its Obligations Under CEQA

June 2019 On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife (“DFW”) “is not fulfilling its responsibilities under the California Environmental Quality Act [(“CEQA”)].” In response to a Joint… Read More
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US EPA Clean Water Act Guidance: Discharges To Groundwater That Affect Surface Water Are Excluded From NPDES Program

On April 12, 2019, the U.S. Environmental Protection Agency issued a guidance memorandum stating that point source discharges to groundwater, which subsequently migrate or are conveyed to surface water, are excluded from the Clean Water Act’s NPDES… Read More
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