EIP Riverpark Approved: California’s Newest Mitigation Bank

Four state and federal agencies, including the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Regional Water Quality Control Board, and the California Department of Fish and Wildlife recently signed the Bank Enabling Instrument (“BEI”) for the Riverpark Mitigation Bank. Ecosystem Industrial Partners (“EIP”), the Bank Sponsor for Riverpark, hired Mitchell […]

California Court Places a Limit on the Expansion of Legal Nonconforming Mining Operations

On March 6, 2019, the California First District Court of Appeal, in Point San Pedro Road Coalition v. County of Marin (2019) 245 Cal.Rptr.3d 580, considered whether import of asphalt grindings was within a mine’s legal nonconforming use or whether it was an impermissible expansion or enlargement. The court found that the import improperly expanding […]

Cooper Drum CERCLA Suit Filed in Los Angeles

The Cooper Drum Cooperating Parties Group (CDCPG), a coalition of chemical and energy companies, filed suit under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in California federal court last week. The lawsuit seeks to force numerous other companies to contribute to the cleanup of hazardous substances at a 2.4-acre former drum reconditioning facility […]

San Francisco and Oakland Declare War on Oil Companies (Again)

San Francisco and Oakland have renewed their fight to try and make Big Oil pay for climate-change related infrastructure damage, asking a federal appeals court earlier this week to reconsider their previously dismissed lawsuits against five oil companies. San Francisco and Oakland argue that a federal judge wrongly kept their cases out of state court […]

California State Water Board Adopts Controversial Wetlands Rule

Culminating a process that began 11 years ago, the California State Water Resources Control Board last week unanimously adopted a revised policy to protect wetlands in the State. The policy creates a new definition of wetlands peculiar to California, gives a framework to determine a water of the state (nearly everything), and clarifies requirements for […]

Monsanto Hit With $80M Verdict In Roundup Trial

A jury on Wednesday awarded $80 million in damages to a California man who blamed Roundup weed killer for his cancer.  The six-person jury in San Francisco returned its verdict in favor of Edwin Hardeman, 70, who said he used Roundup products to treat poison oak, overgrowth and weeds on his San Francisco Bay Area […]

More Red Tape: California Recycling and Disposal Reporting System Regulations To Take Effect

Assembly Bill 901, signed by Governor Brown in 2015 and codified as California Public Resources Code section 41821.5, requires that disposal, recycling, and compost facilities submit information directly to the California Department of Resources Recycling and Recovery (“CalRecycle”) on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or […]

Trump administration ends fuel-efficiency negotiations with California

In a joint statement released on Thursday, the White House, Department of Transportation, and the Environmental Protection Agency (EPA) announced that the Trump administration has ended negotiations with the California Air Resources Board (CARB) over vehicle fuel-efficiency standards. Until Thursday, the EPA, CARB, and the National Highway Traffic Safety Administration had been engaged in talks […]

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