News

CEQA: Martis Camp Community Association Confirms Previously- Approved Project Is Baseline

Third District Court of Appeal Determines County Prepared CEQA Addendum for Wrong Project EIR The Third District Court of Appeal published its holding in the case Martis Camp Community Association v. County of Placer (2020) 53 Cal.App.5th 569 on August 17, 2020. This case involved a challenge to Placer County’s approval of a partial abandonment […]

How COVID-19 is Fueling a New Wave of Bay Area Transplants to the Sacramento Region

Jesse and Shanni Burke were working on their laptops a few feet apart in their cramped Silicon Valley apartment this spring, sweltering without air conditioning, when it dawned on them. The coronavirus pandemic that was virtually imprisoning them in their tiny downtown San Jose walk-up also offered an unexpected escape option. No longer tethered to the office, […]

NEPA: Court Denies Injunction; Trump CEQ rules take effect

From our friends at Energywire: The White House Council on Environmental Quality’s implementing rules f are going into effect as planned today, after opponents of the new regulations failed to convince a federal judge to block them. On Friday, Judge James Jones for the U.S. District Court for the Western District of Virginia declined to […]

Army Corps moves to split utilities from streamlined permits

Ariel Wittenberg, E&E News reporterPublished: Tuesday, August 4, 2020 The Army Corps of Engineers is proposing to separate oil and gas pipelines from its streamlined permits for utilities — a move that follows a court battle over the program. Nationwide permits allow waterways and wetlands to be dredged and filled if there will be minimal […]

Sixth District Determines Demolition of Trestle Bridge Did Not Require Supplemental CEQA Review for Reissuing Expired Streambed Alteration Agreement

The Sixth District Court of Appeal denied a CEQA petition in the case Willow Glen Trestle Conservancy v. City of San Jose (2020) 49 Cal.App.5th 127 (rehearing denied June 9, 2020). The controversy in this case began when the City of San Jose approved demolition of the Willow Glen Railroad Trestle via a mitigated negative […]

Trump Executive Order to Streamline NEPA, Endangered Species Act and Clean Water Act

On June 4, 2020, President Trump signed an Executive Order as part of an ongoing effort to stimulate the economy that has recently declined due to the COVID-19 pandemic. The Executive Order has the potential of streamlining various permitting requirements under the National Environmental Policy Act (“NEPA”), the federal Endangered Species Act (“ESA”), and the […]

State Water Resources Control Board Receiving Comments on Suction Dredge Mining

The California State Resources Control Board (the “Board”) is receiving written public comments and has scheduled a remote workshop on the proposed  Statewide National Pollutant Discharge Elimination System (“NPDES”) Suction Dredge Mining General Permits for May 28, 2020. The purpose of the workshop is to provide information regarding the development of the proposed General Permits. […]

TRUMP SIGNS EXECUTIVE ORDER ENCOURAGING MINERAL EXTRACTIONS ON MOON AND OTHER CELESTIAL BODIES

On April 6, 2020, President Trump signed Executive Order 13914 (the “Order”). In the Order, President Trump declares that “Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law.” President Trump further declared that “it shall be the policy of the United States […]

CalEPA Addresses Deadlines Amid COVID-19 Pandemic

On April 15, 2020, the California Environmental Protection Agency (“CalEPA”) issued a Statement on Compliance with Regulatory Requirements During the COVID-19 Emergency (the “Statement”). The Statement reiterated CalEPA’s continued dedication to controlling pollution in communities with high rates of respiratory disease and multiple environmental burdens, especially given the correlation between these factors and COVID-19 susceptibility. […]

Governor Addresses CEQA Requirements Amid COVID-19 Pandemic in Executive Order

On April 23, 2020, California Governor Newsom signed Executive Order N-54-20 (the “Order”), which addressed impacts the COVID-19 pandemic has had on the California Environmental Quality Act (“CEQA”). The Order finds that current physical distancing protocols implemented in response to COVID-19 pandemic have made it impossible or impractical for lead agencies, responsible agencies, and project […]

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