court case

California Farmer Facing Almost $3 Million in Fines for Plowing Own Field

A California farmer is facing a $2.8 million fine and a trial in federal court this summer for failing to get a permit to plow his own field. John Duarte, of Duarte Nursery, bought 450 acres of land near Modesto in 2012, where he planned to grow wheat. While his wheat was planted, it was […]

EPA halts landfill standards

U.S. Environmental Protection Agency announced it would put a stop to two Obama-era rules for new and existing dumps meant to cut methane emissions at landfills. The EPA will reconsider the rules after industry groups protested the Obama Administration’s final rules for both rules: “Standards of Performance for Municipal Solid Waste Landfills” and Emission Guidelines […]

Supreme Court Justices Ask Trump Administration to Weigh In on California Mining Prohibition

The U.S. Supreme Court is requesting that the Trump administration evaluate the extent to which states can prohibit mining activity on federal lands. Earlier this week, the Justices asked the acting solicitor general to weigh in on a case brought by a part-time prospector who hopes to knock down a specific California ban on a […]

Legal Tempest in a Teapot: Rapanos Being Re-fought by Opponents of the Trump CWA Executive Order

Environmental groups are taking issue with President Trump’s executive order instructing the U.S. Environmental Protection Agency to consider interpreting the term “navigable waters” in a manner consistent with the late Justice Antonin Scalia’s opinion in Rapanos v. United States. In his opinion Justice Scalia concluded that the Clean Water Act only applies to relatively permanent […]

U.S. Supreme Court will hear Waters of the United States Case Over Trump Objection

This week, the U.S. Supreme Court decided that it will hear a case related to the Clean Water Rule, also known as the Waters of the United States rule, promulgated under the Obama administration. The Supreme Court denied the Trump administration’s motion to put the ligation on hold in light of President Trump’s February executive […]

BREAKING: President Trump Directs EPA to Roll Back Clean Water Rule

On February 28, 2017, President Trump signed an executive order directing the roll back of Clean Water Act rules promulgated under the Obama administration. The rules, known as the Waters of the United States rule, defines federal permitting jurisdiction under the CWA. During his 2016 campaign, the president spoke frequently of his intentions to roll […]

Environmentalists Use Spotted Owl To Foil Forest Service—Again

Last Thursday California federal judge John A. Mendez found that the U.S. Forest Service didn’t take a hard enough look at the alternatives to a timber project in California’s Mendocino National Forest. Citing the Forest Service’s lack of a “hard look” at the project alternatives to avoid impacts on the northern spotted owl, including one […]

Army Corps Approves Dakota Access Pipeline

Today, the United States Army Corps of Engineers sent a Notification to Congress regarding the Dakota Access Pipeline, announcing the Corps’ intention to grant an easement for the oil pipeline to cross Lake Oahe. (Document HERE.) The easement is located north of the Standing Rock Indian Reservation and is the subject of the Standing Rock […]

BLM Reaches Settlement Agreement in Longstanding Utah Land Use Litigation

On January 13, the Bureau of Land Management (BLM) filed a settlement agreement in U.S. District Court along with off-highway vehicle advocates and various conservation groups. If approved by the court, the agreement would end more than 8 years of litigation over land use and travel management plans on approximately 10 million BLM-administered acres in […]

Riverside County Showdown: Environmental Groups vs. Federal Highway Administration

Environmental Groups Move for Summary Judgment in Suit Against Federal Highway Administration Environmental groups recently filed for summary judgment, alleging that the Federal Highway Administration (“FHWA”) failed to consider community impacts or less harmful alternatives prior to approving a $1.7 billion highway project, the Mid County Parkway (“MCP”), in Riverside County. The Center for Biological […]

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