Land Use

California Farmer Takes Clean Water Act Legal Fight to the Political Arena

Lobbyist, and former Republican Representative, Richard Pombo, has been retained by a California nursery owner facing a potential multi-million dollar fine for violating the Clean Water Act. Nursery owner, John Duarte of Duarte Nursery has retained the Washington, D.C. lobby to help fight his lengthy dispute with federal officials. Simultaneously, Mr. Duarte is facing a […]

Two Mitchell Chadwick Attorneys Chosen For 2017 Super Lawyers List

Mitchell Chadwick LLP Is Pleased To Announce That Two Of Its Attorneys Have Been Chosen For The 2017 Northern California Super Lawyers List G. Braiden Chadwick and Patrick G. Mitchell were again selected for the Northern California Super Lawyers List in the practice areas of Land Use and Zoning law. More information is available at […]

Opinion: We must build more affordable homes in California

From the East Bay Times (link below): California’s housing affordability crisis is at a breaking point: severe lack of supply means skyrocketing housing prices and rents; high housing prices push families out of the market; high rents force people out of the communities where they live resulting in longer commute times; and, finally, families that cannot […]

Economic Analysis Undermines 2015 Clean Water Rule’s Alleged “Economic Benefits”

In support of its efforts to repeal the 2015 Clean Water Rule (“Rule”), the Trump Administration is attacking the Obama Administration’s studies touting the supposed economic benefits of implementing the Rule. The Obama Administration had previously calculated that the annual benefits of implementing the Rule would range from $338 million – $554 million, with the […]

California Water Agencies Appeal to Supreme Court in Landmark Tribal Groundwater Case

This week, two California water agencies filed petitions appealing to the Supreme Court to review a landmark decision that gives Native American tribes groundwater rights. The Coachella Valley Water District and Desert Water Agency are challenging a March decision by the Ninth Circuit Court of Appeals, which held that the AguaCaliente Band of Cahuilla Indian […]

Jerry Brown On His Own: Announces Climate Summit Meeting in California

Governor Jerry Brown announced yesterday that a global climate action conference will be held in San Francisco in 2018, as he continues his quest to be a leader in the global warming movement. Governor Brown previously criticized President Donald Trump’s withdrawal from the Paris climate agreement—an agreement which was never ratified by the U.S. Congress. […]

USFS Refuses to Leave the Office: Ninth Circuit Upholds Ski Resort Denial

On June 16th, the Ninth Circuit upheld the U.S. Forest Service’s decision to deny a permit for the construction and operation of a ski resort near Missoula, Montana. Western Montana Community Partners Inc. (“WMCP”) and Special Use Permit for Public Resort Benefits LLC (“SUPPRB”) sued the Forest Service in 2013, arguing that the Forest Service […]

California Farmer Facing Almost $3 Million in Fines for Plowing Own Field

A California farmer is facing a $2.8 million fine and a trial in federal court this summer for failing to get a permit to plow his own field. John Duarte, of Duarte Nursery, bought 450 acres of land near Modesto in 2012, where he planned to grow wheat. While his wheat was planted, it was […]

EPA halts landfill standards

U.S. Environmental Protection Agency announced it would put a stop to two Obama-era rules for new and existing dumps meant to cut methane emissions at landfills. The EPA will reconsider the rules after industry groups protested the Obama Administration’s final rules for both rules: “Standards of Performance for Municipal Solid Waste Landfills” and Emission Guidelines […]

Supreme Court Justices Ask Trump Administration to Weigh In on California Mining Prohibition

The U.S. Supreme Court is requesting that the Trump administration evaluate the extent to which states can prohibit mining activity on federal lands. Earlier this week, the Justices asked the acting solicitor general to weigh in on a case brought by a part-time prospector who hopes to knock down a specific California ban on a […]

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