» Harrison, Temblador, Hungerford & Johnson LLP

New CEQA Transportation Analysis Guidelines: A Fundamental Change

Posted By:

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

Categories: Articles, CEQA, Environmental, Land Use, Transportation

Tags: CEQA, OPR, transportation

State Auditor Finds That California Department of Fish & Widlife Failed to Comply With its Obligations Under CEQA

Posted By:

David P. Temblador

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

Tags: California Department of Fish & Wildlife, CDFW, CEQA, EIR, environmental review, negative declaration, state audit

US EPA Clean Water Act Guidance: Discharges To Groundwater That Affect Surface Water Are Excluded From NPDES Program

Posted By:

Sean K. Hungerford

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

Categories: Articles, Climate, Environmental, Land Use, Water

Tags: Clean Water Act, CWA, EPA, groundwater discharge, Memorandum, NPDES, Supreme Court

Georgetown Preservation Society v. County of El Dorado - Despite Compliance with Local Design Standards Lay Opinion on Aesthetics Can Support a CEQA "Fair Argument"

Posted By:

Sean K. Hungerford

James I. Anderson

A recent opinion by California’s Third Appellate District holds that even if a project conforms to county historic design guidelines, lay opinions relating to the aesthetics may support a fair argument of substantial impacts on the environment. Read More

Categories: CEQA, Environmental, Land Use

Tags: aesthetics, CEQA, design standards, El Dorado, fair argument, Georgetown Preservation Society, historic, Third Appellate

Ninth Circuit Holds That Environmental Restrictions Which Ban Specific Mining Methods are not Preempted by Federal Law

Posted By:

Sean K. Hungerford

The Ninth Circuit Court of Appeals recently held that an Oregon state law which prohibited certain in-stream mining methods was a reasonable environmental regulation and thus was not preempted by federal law. Read More

Categories: Environmental, Land Use, Mining

Tags: dredge, granite rock, lawrence county, mining, motorized in stream placer mining, ninth circuit, preempted, preemption, Supreme Court

Protect Niles v. City of Fremont - Personal Observations May Support a CEQA "Fair Argument"

Posted By:

Sean K. Hungerford

James I. Anderson

August 2018 A recent unpublished opinion by California’s First Appellate District highlights the risk that CEQA lead agencies face when they approve projects with potential visual or traffic impacts based on a negative declaration. In Protect Niles… Read More

Categories: Articles, CEQA, Environmental, Land Use, Mitigation

Tags: aesthetics, CEQA, development proposal, EIR, fair argument, lead agency, negative declaration, substantial evidence, traffic impacts

Nuclear Regulatory Commission Violates NEPA by Allowing Licensing Decisions to Stand While NEPA Defects Are Corrected

Posted By:

Sean K. Hungerford

July 2018 Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission 2018 U.S. App. LEXIS 20215 The District of Columbia Circuit recently held that the U.S. Nuclear Regulatory Commission’s practice of leaving licensing decisions in effect while under… Read More

Categories: Articles, Land Use, NEPA

Tags: EIS, Environmental Impact Statement, environmental review, land use, NEPA, Nuclear Regulatory Commission

U.S. Fish & Wildlife Service and National Marine Fisheries Service Propose Revisions to Endangered Species Act Regulations

Posted By:

Adam K. Guernsey

July 2018 The U.S. Fish and Wildlife Service (“Service”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (together “Agencies”) have jointly proposed revisions to regulations that implement por… Read More

Categories: Articles, Environmental, Land Use, Mining, Mitigation, NEPA, SMARA

Tags: Consultation, endangered species act, environmental regulations, National Marine Fisheries Service, Section 4, Section 7, US Fish & Wildlife Service

California Natural Resources Agency Releases Additional Proposed Revisions to CEQA Guidelines

Posted By:

Sean K. Hungerford

July 2018 The California Natural Resources Agency has released another round of proposed revisions to the CEQA Guidelines. The draft changes to the guidelines were originally published in January 2018 and followed by public hearings in March 2018. Th… Read More

Categories: Articles, CEQA, Environmental, Land Use

Tags: Appendix G, CEQA, CEQA Guidelines, Natural Resources Agency

SMARA Legislation: SB 854

Posted By:

Bradley B. Johnson

Public Resources Code §§ 2774, 2774.2.5 June 2018 On June 27, 2018, Governor Brown approved changes to the Surface Mining and Reclamation Act (Pub. Resources Code § 2710, et seq [“SMARA”]) relating to how certain mine-related information is su… Read More

Categories: Environmental, Land Use, Mining, SMARA

Tags: Division of Mine Reclamation, lead agency, legislation, SB 854, SMARA, surface mining

» Land Use