The latest attempt in California to ban fracking and, in general, oil and gas operations in the state recently failed when Senate Bill No. 467 died in the California Senate Natural Resources and Water Committee. Senate Bill No. 467 sought to prohibit the issuance of permits for hydraulic fracturing, acid well stimulation treatment, steam flooding, […]
The case cited below is a stark reminder to developers: make sure to hire experienced CEQA counsel before you embark on a development in California! On February 18, 2021, the California Second District Court of Appeal filed an unpublished opinion, Building a Better Redondo v. City of Redondo Beach (2021) Case No. B294328, 2021 WL […]
Four state and federal agencies, including the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Regional Water Quality Control Board, and the California Department of Fish and Wildlife recently signed the Bank Enabling Instrument (“BEI”) for the Riverpark Mitigation Bank. Ecosystem Industrial Partners (“EIP”), the Bank Sponsor for Riverpark, hired Mitchell […]
The Second District Court of Appeal issued an unpublished decision in the case Los Padres Forestwatch et al., v. County of Ventura on May 1, 2019, addressing the preparation of an EIR addendum for a 2015 CUP allowing the continued operation of existing oil and gas wells and the addition of new wells. The case […]
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 […]
The case Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador (33 Cal.App.5th 165) was certified for partial publication by the Third District Court of Appeal, and addresses res judicata in the CEQA context. The controversy originated with the County of Amador certification of an EIR for an aggregate quarry project […]
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 […]
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 […]
Culminating a process that began 11 years ago, the California State Water Resources Control Board last week unanimously adopted a revised policy to protect wetlands in the State. The policy creates a new definition of wetlands peculiar to California, gives a framework to determine a water of the state (nearly everything), and clarifies requirements for […]
A jury on Wednesday awarded $80 million in damages to a California man who blamed Roundup weed killer for his cancer. The six-person jury in San Francisco returned its verdict in favor of Edwin Hardeman, 70, who said he used Roundup products to treat poison oak, overgrowth and weeds on his San Francisco Bay Area […]
