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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 Join… 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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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