In March 2019, the U.S. Army Corps (“Corps”) issued a Clean Water Act, Section 404 (“CWA”) permit to PolyMet Mining Inc. (“PolyMet”) for an open-pit copper-nickel mine in Minnesota. CWA, Section 404, requires Corps authorization before any work involving placement of fill or discharge of dredged materials begins in any waters of the United States […]
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 […]
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 […]
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) […]
May 23, 2023 | Category:
NewsThe Lower Basin states of Arizona, California, and Nevada have agreed to save an additional 3 million acre-feet of Colorado River Water in the Lower Basin by the end of 2026, or about 13 percent of these states’ total allocation of water from the river. In return, the federal government will compensate the three states […]
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.” […]
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 […]
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 […]
March 28, 2023 | Category:
NewsBill 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 […]
January 23, 2023 | Category:
NewsFrom 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 […]
