SCOTUS to Reconsider Chevron Deference

On May 1, 2023, the Supreme Court of the United States agreed to reconsider its ruling in Chevron v. Natural Resources Defense Council. In Chevron, the Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute so long as that interpretation is reasonable. The case that may change (or at […]

Preservation Action Council of San Jose: CEQA Mitigation In The Concrete Jungle

The California Sixth District Court of Appeal recently considered the case of Preservation Action Council of San Jose v. City of San Jose.  There, the Preservation Action Council of San Jose (“PACSJ”) filed a petition challenging the City of San Jose’s certification of a final Supplemental Environmental Impact Report (“SEIR”) for the City View Plaza […]

Sackett and the Supreme Court: Back to Basics or EPA’s Shrinking Jurisdiction?

To look at the headlines today, you might think the sky was falling and the United States was headed off into a ditch somewhere—all because of the United States Supreme Court.  Headlines proclaiming that the Supreme Court “delivered a blow to wetlands” (NBC News), “shrinks clean water protections” (The Guardian), “weakens clean water protections” (Vox) […]

California AG Rob Bonta Sues Elk Grove For Breaking Housing Law: ‘They Have Left Us No Choice’

California’s attorney general is suing the city of Elk Grove for denying a contentious affordable housing project in the city’s Old Town. “You can’t ignore the law because it doesn’t suit you,” California Attorney General Rob Bonta announced Monday, adding later, “They’ve resisted the law time and time again. They have left us no choice.” […]

House fails to override Biden’s veto of WOTUS

The House failed to overturn President Biden’s veto of a Republican effort to nullify his administration’s new and expansive water of the U.S. rule which delineates which waters are subject to federal jurisdiction and regulation. The Biden rule greatly expands the federal government’s jurisdictional reach, requiring federal permits for a litany of projects. The House voted 227-196 to overturn […]

House and Senate vote to roll back Waters of the U.S. Rule

A Bipartisan Senate voted to roll back the Biden WOTUS rule under the Congressional Review Act, which requires a simple majority and cannot be filibustered. The House passed the same resolution 227-198, also with Democrats joining Republicans in the vote. The final rule, issued Dec. 30 from the Environmental Protection Agency and Army Corps of Engineers, replaced […]

Newsom’s Oil Bill Punishes Citizens, Not Oil Companies.

Bill SBX1-2, gives the California Energy Commission the power to set a price cap and impose penalties through a regulatory process if it decides that oil companies are making excessive profits and that a penalty will not result in higher prices for consumers. The Democratic majority handed Newsom his bill, but support wasn’t overwhelming within his own […]

Alaska vs. Biden: Can Feds Control Work On State Lands?

From our friends at Law 360: In a motion filed Thursday, Alaska, joined by the Alaska Industrial Development and Export Authority, urged U.S. District Judge Sharon L. Gleason to further explain her May remand order regarding the Ambler Access Project, saying it should be unambiguous that BLM’s authority is limited to federal lands, thereby precluding it […]

EPA’s Federal Waters Update Seen Vulnerable

From Bloomberg Law (link below: A test for federal Clean Water Act jurisdiction over waterways and wetlands that is central to an EPA rule announced last week will make the rule especially vulnerable to an upcoming US Supreme Court ruling, water lawyers say. The Environmental Protection Agency and the Army Corps of Engineers published their final definition of “waters […]

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