Third District Court of Appeal: Requiring Developer to Pay in advance for Traffic Impacts Unconstitutional

In the recent California Third District Court of Appeal decision, Alliance for Responsible Planning v. Taylor, — Cal.Rptr.3d —-, Case No. 085712 (May 4, 2021), the Court determined that an initiative measure requiring new development projects to mitigate both the individual project’s traffic levels of service (“LOS”) impacts, and also the cumulative traffic LOS impacts […]

California Gov. Newsom to Unilaterally Ban Fracking by 2024

California Gov. Gavin Newsom announced plans to ban hydraulic fracturing, commonly referred to as ‘fracking,’ by 2024 in an April 23 press release.  As part of his personal longer-term goal to end all oil extraction in the state by 2045, the governor directed the California Department of Conservation’s Geologic Energy Management (CalGEM) Division to immediately […]

Industry Challenges Biden Administration over Executive Order Halting Energy Development

Almost immediately upon taking the oath of office, President Biden signed Executive Order No. 14008 (EO 14008 or EO). Among other actions, EO 14008 (available HERE) “paused” oil and natural gas development on federal public lands and in offshore waters of the United States. (See EO 14008 HERE). In response to EO 14008, fourteen states […]

Environmental Activist Groups Sue Zenith Energy for Construction Stormwater Discharges

In April of 2021, the Willamette Riverkeeper and Columbia Riverkeeper, two environmental activist groups (“NGO”) filed a citizen suit in federal court against Zenith Energy Terminal Holdings, LLC (“Zenith”). The complaint alleges ongoing violations of the federal Clean Water Act (“CWA”) for pollutant discharges into waters of the United States, without a valid National Pollutant […]

U.S. Supreme Court Deals Oregon Small Miners A Blow

The U.S. Supreme Court (SCOTUS) has declined to review the Ninth Circuit’s decision in Bohmker v. Oregon, holding that Oregon’s five-year moratorium on the use of motorized mining equipment in rivers and streams that contain essential salmon habitat is not preempted by federal law. The Oregon law was passed following California’s revisions to California Fish […]

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 […]

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