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Please Note Our New Address

Harrison, Temblador, Hungerford & Johnson LLP has a new address: 2801 T Street Sacramento, CA 95816 All firm phone numbers and email addresses remain the same. Please call (916) 382-4377 or email info@hthjlaw.com with any questions. Read More
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Grading Permit Ruled a Ministerial Act Beyond CEQA Although Limited Exercise of Discretion

Sierra Club v. County of Sonoma (2017) Cal. App. LEXIS 375 In Sierra Club v. County of Sonoma, a California court declined consider the issuance of a grading permit to be an act subject to CEQA, despite that the ordinance gave County officials a degr… Read More
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CA Senate Bill 49 Would Establish Obama-Era Federal Environmental Standards as Minimum Standards Under State Law

In response to the Trump Administration’s promised rollbacks of federal environmental regulations, California State Senate President pro Tempore Kevin De León and Senator Henry Stern have introduced Senate Bill 49 (“SB 49”), a sweeping attempt… Read More
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President Issues Executive Order Directing Review of 2015 Clean Water Act Rule

President Trump has directed the Administrator of the Environmental Protection Agency (“EPA”) and the Assistant Secretary of the Army for Civil Works (“Army Corps”) to review the 2015 Clean Water Act Rule (“Rule”) defining “Waters of th… Read More
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Appeals Court Halts Implementation of New Clean Water Rule

The United States Court of Appeals for the Sixth Circuit on Friday ordered a nationwide stay on the Army Corps of Engineers (“Corps”) and Environmental Protection Agency’s (“EPA”) new “Clean Water Rule” concernin… Read More
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Categories: Articles, Water

1602 Notification Applies to Substantial Diversions of Water That Do Not Alter or Damage Streambeds

Siskiyou County Farm Bureau v. Department of Fish and Wildlife (2015) — Cal.App.4th — The Third District Court of Appeal recently held that the plain meaning of Fish and Game Code section 1602 requires notification to the California Depar… Read More
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Categories: Articles, Water

Wetlands Separated by Railroad Tracks from Other Jurisdictional Wetlands do not Qualify as Adjacent to Navigable Waters Under Corps' Regulations

Great Northwest, Inc. v. United States Army Corps of Engineers 2010 WL 9499372 In an unpublished decision, a federal court sitting in Alaska has ruled that the Corps lacked authority under the Clean Water Act to regulate a mining operation because th… Read More
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Categories: Articles, Water

Section 303(d) Listing does not Prevent Corps from Approving New Mining Activities

Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers (2013) ___ F.3d ___ Against the background of an impaired watershed subject to Section 303(d), the Fourth Circuit has affirmed a decision by the Army Corps of Engineers’ to i… Read More
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Categories: NEPA, Water

California State Senate to Hold Joint Committee Hearing on "Fracking" Regulations

On February 13, 2013, the California State Senate Natural Resources Committee and the Water and Environmental Quality Committee will hold a joint hearing to discuss the potential regulation of a hydrocarbon extraction technique known as “hydrau… Read More
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Categories: Articles, Water

State Water Resources Control Board Releases New Revisions to General Industrial Storm Water Permit

Introduction and Overview In July 2012, the State Water Resources Control Board (SWRCB) released a new revision of its general permit for storm water discharges from industrial activities (2012 Draft Permit). This process of updating the permit began… Read More
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Categories: Articles, Water