March 26, 2024 | Category:
News | Tags:
2008 Mitigation Rule,
Army Corps,
CWA,
EPA,
ERBA,
Sackett,
Water Law,
water rule,
Waters Of The U.S.,
Watershed Approach,
WOTUSERBA Applauds Corps Guidance on Watershed Approach and Mitigation Post-Sackett From ERBA: Last Friday, on World Water Day, Assistant Secretary for the Army Michael Connor issued guidance affirming the position of the 2008 Compensatory Mitigation Rule (“Rule”) that restoration of non-jurisdictional waters and wetlands at compensatory mitigation sites may offset impacts to jurisdictional […]
Does the EPA’s revised definition of “Waters of the United States” conform with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency? Background Leading to EPA’s Revised Definition of Waters of the United States “WOTUS” Prior to the May 25, 2023, Sackett decision, the 2023 WOTUS Rule was finalized by […]
From January 1, 2020, to December 31, 2022, wildfires in the United States destroyed approximately 25 million acres of land. During this same period, 26,400 wildfires destroyed roughly 7.2 million acres of land in California. As the climate changes, wildfires in California will become more unexpected and uncontrollable. As a result, state and federal agencies […]
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 […]
February 4, 2018 | Category:
Land Use,
Lawsuit,
News,
Water | Tags:
appeal,
court case,
environmental group,
EPA,
land use,
Land Use Law,
lawsuit,
Water,
Water Law,
Waters Of The U.S.On Thursday, the Ninth Circuit ruled that wastewater injections whose pollutions reach navigable U.S. waters via groundwater are subject to the Clean Water Act (“CWA”). Experts say this decision could drastically expand the scope of CWA liability and includes activities ranging from coal ash and pipeline spills to agricultural runoff. In coming to this decision, […]
August 15, 2017 | Category:
California,
Land Use,
Lawsuit,
News,
Water | Tags:
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
Water,
Waters Of The U.S.Just before the penalty phase of trial was set to begin on Tuesday, Northern California farmer John Duarte reached a settlement with the federal government, after being fined for plowing over disputed wetlands on his property. With the government seeking a $2.8 million fine and tens of millions of dollars in mitigation expenses, Duarte agreed […]
August 4, 2017 | Category:
Land Use,
Lawsuit,
News,
Water | Tags:
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.Lobbyist, and former Republican Representative, Richard Pombo, has been retained by a California nursery owner facing a potential multi-million dollar fine for violating the Clean Water Act. Nursery owner, John Duarte of Duarte Nursery has retained the Washington, D.C. lobby to help fight his lengthy dispute with federal officials. Simultaneously, Mr. Duarte is facing a […]
May 26, 2017 | Category:
California,
Land Use,
Lawsuit,
News,
Water | Tags:
appeal,
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
Water,
Water Law,
Waters Of The U.S.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 […]
May 20, 2017 | Category:
Land Use,
Lawsuit,
Water | Tags:
court case,
environmental group,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.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 […]
