Four state and federal agencies, including the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Regional Water Quality Control Board, and the California Department of Fish and Wildlife recently signed the Bank Enabling Instrument (“BEI”) for the Riverpark Mitigation Bank. Ecosystem Industrial Partners (“EIP”), the Bank Sponsor for Riverpark, hired Mitchell […]
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 […]
As of July 24, the BLM has taken an updated position on the issue of compensatory mitigation. The BLM states in a new policy: “Except where the law specifically requires, the BLM must not require compensatory mitigation from public land users.” The BLM will still, in limited circumstances, consider voluntary proposals for compensatory mitigation, but […]
Rumors swirling around Washington D.C. indicate that the Department of the Interior (“DOI”) may release a statement rescinding the fairly recently published USFWS Service-Wide Mitigation policy and Endangered Species Act-Compensatory Mitigation Policy, without replacing either policy. Further, the agency may also take the position that, in the absence of further congressional directive, the DOI is […]
September 20, 2016 | Category:
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mitchell chadwick llpFirst Phase of Desert Renewable Energy Conservation Plan Approved By Federal and State Agencies Last week, the U.S. Department of the Interior’s Bureau of Land Management and the California Energy Commission signed the first phase of the Desert Renewable Energy Conservation Plan (“Plan”), which approved revisions of a sprawling renewable energy and conservation plan for […]
August 27, 2016 | Category:
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Pat MitchellThree Mitchell Chadwick Attorneys Named to Top Lawyers List Braiden Chadwick, Pat Mitchell, and Clif McFarland have all been named to Sacramento Magazine’s Top Lawyers list for 2016. From the article: Quality counts, especially when it comes to lawyers. So it makes sense that if you need one, you’ll want to choose one who’s at […]
June 23, 2016 | Category:
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Waters Of The U.S.State Water Resources Control Board: New Regulations and Permit Requirements for Wetlands and Waters of the State On June 17, 2016, the State Water Resources Control Board (“State Water Board”) proposed a regulatory and permitting framework for wetlands not otherwise covered by the federal Clean Water Act. The State Water Board had previously recognized that […]
May 17, 2016 | Category:
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Waters Of The U.S.Mitchell Chadwick Helps Win Approval of Largest Mitigation Bank in California Mitchell Chadwick LLP, working with Land Veritas, owner of the Petersen Ranch Mitigation Bank and WRA, Inc. are pleased to announce that the Lahontan Regional Water Quality Control Board, Los Angeles Regional Water Quality Control Board, U.S. Army Corps of Engineers, and the California Department of […]
April 13, 2016 | Category:
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speciesCalifornia Court of Appeal Decision Leaves Room for Mitigation Bank as a “Highest and Best Use” for Eminent Domain Purposes In County of Santa Barbara v. Double H Properties, LLC, the Court of Appeal for the Second District considered whether the trial court properly excluded evidence indicating that a condemned piece of property was worth […]
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Waters Of The U.S.Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality Earlier this week, U.S. Supreme Court Justice Anthony Kennedy called the Clean Water Act “arguably unconstitutionally vague.” This was a welcome hint on the future of the rule for landowners, project proponents and other critics of U.S. EPA’s new Waters of the U.S. Rule, which defines the […]
