Land Use

House Panel Approves Bills Addressing the ESA

The House Natural Resource Committee approved five bills addressing the Federal Endangered Species Act on October 4, 2017. Each bill was limited in scope and addressed different aspects of the ESA. H.R. 717 adds the review of economic cost of listing a species as a consideration under the ESA. Under this provision, the FWS or […]

First District Court of Appeal finds California Department of Pesticide’s CEQA Documentation for Pesticide Registration Inadequate

In Pesticide Action Network North America v. California Department of Pesticide Regulation (September 19, 2017) Case No. A145632, the First District Court of appeal considered whether the Department of Pesticide Regulation met its CEQA obligations under the Department’s certified regulatory program. Documents prepared pursuant to the regulatory program serve as the functional equivalent of CEQA […]

Nation’s High Court May Clarify CERCLA Cleanup Liabilities for Tenants and Subtenants

Last week, the United States Supreme Court was asked to consider whether former tenants and sublessees of a Superfund site may be liable for recovery costs – even though these parties were not technically “owners” under the meaning of CERCLA. In Next Millenium Realty LLC v. Adchem Corporation, No. 17-____, the Petitioners were the fee […]

EPA Head Formally Announces Elimination of Obama Administration’s Clean Power Plan

Earlier this week, EPA Administrator Scott Pruitt announced that he will sign a proposed administrative rule that will withdraw from the Clean Power Plan, a set of administrative regulations targeting coal and natural-gas power plant emissions. A longtime target of President Trump and Mr. Pruitt in his former capacity as Oklahoma Attorney General, the Clean […]

USFWS Accepts Proposal to Increase Delta Pumping

  On Wednesday, federal fisheries regulators approved a controversial plan to allow for increased pumping from the Sacramento-San Joaquin Delta this fall. Facing opposition from environmental groups, the U.S. Fish and Wildlife Service (USFWS) signed off on the proposal that was championed by the U.S. Bureau of Reclamation and Southern California water interests. With those […]

Trump Administration Schedules Meetings with Industry Groups as Part of Regulation Reform Efforts

  Later this week, U.S. EPA Chief Scott Pruitt is scheduled to meet with representatives from a wide range of industries in an effort to identify areas where regulations may be scaled back, consistent with President Trump’s objectives. As part of the “Smart Sectors Program” announced in mid-September, the EPA will meet with representatives from […]

Two-year mining moratorium on millions of acres of federal land set to end this weekend

Consistent with President Trump’s rollback of several Obama-era moratoria on mining on federal lands, the Interior Department is expected to let lapse the two-year moratorium on new mining claims in several Western states. On September 24, 2015, former Interior Secretary Sally Jewell signed a federal administrative order withdrawing from new mining claims 10 million acres […]

Central Valley Farming District Votes Against Participating in the California WaterFix

This week one of the biggest supporters of California’s water tunnels voted against funding the ambitious California water project (known as “California WaterFix”) proposed Governor Jerry Brown. Westlands Water District voted 7 to 1 against a resolution to help fund the $17 billion set of 40-foot-diameter tunnels underneath the Delta, citing concerns about costs that […]

CEQA Plaintiffs Still Searching For “Unusual Circumstances”

The First District Court of Appeal recently upheld the City of South San Francisco’s decision to approve a CUP for converting office buildings to a medical clinic via a CEQA categorical exemption. (Respect Life South San Francisco v. City of South San Francisco (2017) Case No. A145992.) The proposed conversion included only minor physical changes […]

Despite significant growth of renewable energy, study suggests fossil fuels will continue to be predominant source of energy

In its annual International Energy Outlook study (available HERE ), the U.S. Energy Information Administration (“EIA”) concluded that petroleum and similar liquids would remain the world leader in energy consumption over the next decades, with natural gas and coal following. While renewables are the world’s fastest-growing energy source, the EIA estimates that fossil fuels will still […]

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