Environmental Groups Sue To Stop Shasta Dam Height

Citing violations of California’s Wild and Scenic Rivers Act, the State of California and several environmental and fishing groups are suing a San Joaquin Valley irrigation district over its efforts to help the federal government raise the height of California’s largest reservoir, Shasta Dam.  The lawsuit argues that the project poses significant risks to the […]

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 […]

Cooper Drum CERCLA Suit Filed in Los Angeles

The Cooper Drum Cooperating Parties Group (CDCPG), a coalition of chemical and energy companies, filed suit under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in California federal court last week. The lawsuit seeks to force numerous other companies to contribute to the cleanup of hazardous substances at a 2.4-acre former drum reconditioning facility […]

Update on CWA Proposed Replacement Rule

Public comments closed earlier this week on the Environmental Protection Agency’s (EPA) and the Army Corps.’ proposed replacement rule designed to clarify which waterways in the country are subject to Clean Water Act (CWA) jurisdiction. While supporters of the new rule urged an even narrower approach, opponents attacked it as an abdication of environmental responsibility. […]

EPA Rule to Bar Reintroduction of Asbestos

The U.S. Environmental Protection Agency (“USEPA”) finalized a rule on April 17, 2019 that would prevent the use of asbestos in product categories like automobile adhesives and building materials. Asbestos has already been retired by the industry, and this rule would close a “30-year-old loophole” that allowed asbestos products to come back without proper USEPA […]

World Bank can be sued for environmental and health issues

The U.S. Supreme Court (SCOTUS) issued a landmark decision last week in Jam v. International Finance Corporation, ruling for the first time that the World Bank can be sued for environmental and health issues where its investments in foreign development projects are alleged to have caused harm to local communities. This decision could make it […]

San Francisco and Oakland Declare War on Oil Companies (Again)

San Francisco and Oakland have renewed their fight to try and make Big Oil pay for climate-change related infrastructure damage, asking a federal appeals court earlier this week to reconsider their previously dismissed lawsuits against five oil companies. San Francisco and Oakland argue that a federal judge wrongly kept their cases out of state court […]

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