» Land Use

Court of Appeal Upholds Statutorily Conferred Vested Rights Against Ballot Box Challenge

Posted By:
David P. Temblador
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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Categories: Articles, Environmental, Land Use, Vested Rights
Tags: 66498.1, appeal, Coastal Commission, Measure C, Redondo Beach, vested rights

Winery Waste Discharge Requirements Scheduled for Adoption in November 2020

Posted By:
Sean K. Hungerford
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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Categories: Articles, Environmental, Land Use, Water
Tags: discharge requirements, RWQCB, Stormwater, WDR, wine, wineries

Regulatory Update: California Cannabis Licensees May Defer License Payments Until August 31, 2020

Posted By:
James I. Anderson
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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Categories: Articles, COVID-19, Environmental, Land Use, Marijuana
Tags: Bureau of Cannabis Control, CalCannabis, California Department of Food and Agriculture, cannabis, coronavirus, COVID, COVID-19, deferral

Stranded in Level 1 or Level 2? The 2020 IGP Amendments Allow an Escape

Posted By:
Sean K. Hungerford Tiffany Michou
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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Categories: Articles, Environmental, Land Use, Mitigation, Water
Tags: baseline, BMP, construction, IGP, Industrial General Permit, NAL, Stormwater

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

Posted By:
Bradley B. Johnson
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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Categories: Construction, COVID-19, Environmental, Land Use, Mining, SMARA, Transportation
Tags: coronavirus, COVID-19, Critical Infrastructure, Essential Businesses, Executive Order, Shelter in Place

New CEQA Transportation Analysis Guidelines: A Fundamental Change

Posted By:
David P. Temblador
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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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
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Categories: CDFW, CEQA, Climate, Department of Fish & Wildlife, Environmental, Land Use, Mitigation, Water
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
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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
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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
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Categories: Environmental, Land Use, Mining
Tags: dredge, granite rock, lawrence county, mining, motorized in stream placer mining, ninth circuit, preempted, preemption, Supreme Court
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