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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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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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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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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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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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Ninth Circuit Upholds Newhall Ranch 404(B)(1) Analysis; Rejects Arguments that Corps Failed to Properly Analyze Costs of Alternatives

Friends of the Santa Clara River v. U.S. Army Corps of Engineers 2018 U.S. App. LEXIS 8883 April 2018 The Ninth Circuit has rejected a legal challenge to the Army Corps of Engineer’s Section 404 permit for the 12,000-acre Newhall Ranch mixed-use pr… Read More
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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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