Land Use

Breaking: Supreme Court takes up Clean Water Act Case

The below excerpt from Scotusblog can be found HERE. The Clean Water Act bars the discharge of any pollutant into “navigable waters” without a permit. In its lone grant on today’s order list, the Supreme Court agreed to decide whether a violation of the CWA occurs only when a pollutant is released directly into navigable […]

Revised Waters of the U.S. Rule Update

On December 28, 2018, the U.S. Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a revised Waters of the U.S. (“WOTUS”) to clarify the scope of waters federally regulated under the Clean Water Act (“CWA”). The proposed rule is open for a 60-day comment period. The proposed rule is intended to […]

Gavin Newsom Downsizes High Speed Rail Project

Bowing to the reality of delays, out-of-control costs, and accusations of corruption, payback, and favoritism, California Governor Gavin Newsom reversed former Governor Jerry Brown’s steadfast support of the doomed rail system in his first State of the State speech on February 12, 2019.  Newsom stated that the high-speed rail project (a saga which began with […]

GAO Rules Army Corps’ Evaluation of Enviro Project Bid was “Unreasonable and Inconsistent”

In a January 16, 2019 decision made public this past Wednesday, the U.S. Government Accountability Office (“GAO”) sustained Bristol Environmental Remediation Services, Inc.’s (“Bristol”) bid protest, ruling that the U.S. Army Corps of Engineers (“Corps”) unfairly rejected Bristol’s proposal for an environmental cleanup and munitions response contract. Despite presenting the cheapest proposal among the other […]

Colorado Mineral Owners Allege “Forced Pooling” Violates Procedural Due Process & First Amendment Rights

Colorado mineral owners filed a federal lawsuit against the Colorado Oil and Gas Conservation Commission (the “COGCC”) this past Wednesday, asserting that the COGCC’s authority to allow companies to drill on objecting residents’ land is unconstitutional. Colorado Rising, the activist group backing the lawsuit, recently suffered defeat of its November ballot measure that would have […]

CARB Zero-Emission Bus Mandate

The transportation sector in California accounts for 40% of greenhouse gas emissions. To combat this, on December 14, 2018, California Air Resources Board (“CARB”) adopted a regulation that sets a statewide goal for public transit agencies to transition to fully zero-emission bus fleets by 2040. There are currently 150 zero-emission buses operating in California. Under […]

California Department of Water Resources and Ecosystem Investment Partners To Launch Largest Habitat Restoration Project In The Delta

The California Department of Water Resources (“DWR”) and Ecosystem Investment Partners (“EIP”), a Mitchell Chadwick LLP client, have entered into an innovative public-private partnership to launch the largest habitat restoration project in the Sacramento-San Joaquin Delta (the “Delta”). EIP, a private company investing in large-scale ecological restoration projects nationwide, will restore 3,400 acres of tidal […]

Supreme Court Overturns EIR for the Friant Ranch Project

The California Supreme Court released its long-pending opinion in Sierra Club v. County of Fresno (No. S219783) on December 24, 2018. The County of Fresno certified an Environmental Impact Report for the 942-acre, 2,500 unit project known as Friant Ranch. Project opponents challenged the project on numerous grounds. The California Supreme Court granted review from […]

Contact Us

  • This field is for validation purposes and should be left unchanged.