Land Use

CEQA: Sixth District Court of Appeal Rejects Appeal on MND

The Sixth District Court of Appeal filed a decision heavy on writ procedure in the case Alliance of Concerned Citizens Organized for Responsible Development on November 26, 2018 (Case No. H044410). The heavy focus on procedure in the Court’s decision doesn’t make for the most exciting reading, but the decision contains an important reminder for […]

Watchdog clears Zinke of wrongdoing in redrawing of Utah monument boundaries

The Interior Department’s internal watchdog has absolved Interior Secretary Ryan Zinke after an examination of his handling of a controversial national monuments review. In a report summary dated Nov. 21, Deputy Inspector General Mary Kendall said investigators “found no evidence” that a former Utah state representative who owned property within the Grand Staircase-Escalante National Monument […]

Zinke Orders Review Of Obama-Era Greater Sage Grouse Protections

Secretary of the Interior Ryan Zinke ordered the Bureau of Land Management (BLM) to review federal conservation efforts of the greater sage grouse Wednesday. Zinke wanted the federal government to be “a good neighbor” and certify that officials in 11 Western states were fully consulted about the conservation program, according to the Associated Press. The […]

PG&E Sued for Camp Fire, Gov. Brown Also Under Fire

Pacific Gas and Electric (“PG&E”) recently closed a $25 million deal to end a lawsuit over a 2015 wildfire in northern California (finalized 11/13/18). On the same day, victims of the Camp Fire in Butte County sued accusing the utility of negligence and blaming it for the fire. Victims stated that the company’s failure to […]

Senate Passes Water Infrastructure Act, Sending it to Trump

On Wednesday, the Senate voted 99-1 to pass a water infrastructure and reform bill authorizing dozens of new projects to upgrade drinking water, wastewater, and irrigation systems. (S.B. 2800 (2018) https://www.congress.gov/bill/115th-congress/senate-bill/2800.) The bill contains many provisions of interest to those involved in the hydropower, dam, or agricultural industries, among others: • Rehabilitation of Army Corps-constructed […]

Battle of the Dusky Gopher Frog

Last month, the U.S. Supreme Court heard oral argument in Weyerhaeuser v. U.S. Fish and Wildlife Service (“USFWS”).  This case could have far-reaching implications curbing federally-designated critical habitat designations by the USFWS. At the heart of this case is the USFWS’ 2012 decision to designate 1,500 acres of private land in Louisiana owned by Markle […]

Mining Companies Fight Tribal and Environmental Groups’ Challenges to an Issued BLM Permit

Constantine Metal Resource Ltd., Alyu Mining Co. Inc., and Haines Mining & Exploration Inc. fought back last Thursday against the Chilkat Indian Village and Southeast Alaska Conservation Council’s claims that the BLM violated NEPA when it issued Constantine a permit for mineral exploration in Alaska. The environmental and tribal groups believe that the permit allows […]

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