Last month (October 2017), the Senate narrowly rejected a proposal from Senator Mike Lee (R-Utah) that would have removed intrastate species from federal jurisdiction under the ESA. Current jurisprudence from the Supreme Court extends federal jurisdiction to intrastate endangered species via a very broad interpretation of the interstate commerce clause. The vote to amend the ESA […]
November 4, 2017 | Category:
California,
CEQA,
Endangered Species,
Land Use,
Lawsuit | Tags:
California,
california land use,
court case,
Endangered,
endangered species,
land use,
Land Use Law,
lawsuitThis week a group of property owners and developers filed suit against the U.S. Department of Interior, alleging that the U.S. Fish and Wildlife Service (USFWS) violated federal procedure rules when it repeatedly found that the coastal California gnatcatcher is protected under the Endangered Species Act (ESA). Filed in a D.C. federal court by the […]
October 27, 2017 | Category:
Endangered Species,
Land Use,
Lawsuit,
NEPA,
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BLM,
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mitchell chadwick llp,
NEPAThis week the BLM announced its plans to hold public hearings in November to allow for public comment regarding the agency’s decision to reopen 98 federal land use plans that were put in place to protect the greater sage grouse. Meanwhile, a watchdog group filed a federal lawsuit against the Interior Department, claiming the agency […]
October 26, 2017 | Category:
California,
Endangered Species,
Land Use,
Lawsuit,
NEPA,
News | Tags:
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california land use,
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land use,
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lawsuitOn October 16, 2017, EPA Administrator Scott Pruitt issued an administrative order with the goal of ensuring that the Environmental Protection Agency is transparent when settling lawsuits – particularly those filed by environmental groups seeking to regulate through litigation. A press release accompanying the administrative order explains that the EPA has long been sued by […]
The House Natural Resource Committee approved five bills addressing the Federal Endangered Species Act on October 4, 2017. Each bill was limited in scope and addressed different aspects of the ESA. H.R. 717 adds the review of economic cost of listing a species as a consideration under the ESA. Under this provision, the FWS or […]
This week one of the biggest supporters of California’s water tunnels voted against funding the ambitious California water project (known as “California WaterFix”) proposed Governor Jerry Brown. Westlands Water District voted 7 to 1 against a resolution to help fund the $17 billion set of 40-foot-diameter tunnels underneath the Delta, citing concerns about costs that […]
From the East Bay Times (link below): California’s housing affordability crisis is at a breaking point: severe lack of supply means skyrocketing housing prices and rents; high housing prices push families out of the market; high rents force people out of the communities where they live resulting in longer commute times; and, finally, families that cannot […]
March 24, 2017 | Category:
Endangered Species,
Land Use,
Lawsuit,
News,
Oil and Gas | Tags:
Braiden Chadwick,
environmental group,
land use,
Land Use Law,
mitchell chadwick llp,
oil,
oil & gas,
oil and gas,
pipeline,
U.S. State DepartmentToday the State Department issued the cross-border permit for the Keystone XL pipeline, fulfilling President Trump’s promise to approve the pipeline after it was rejected by former president Barack Obama after encountering pressure from environmental pressure groups.
February 21, 2017 | Category:
Endangered Species,
Land Use,
Lawsuit,
News | Tags:
Braiden Chadwick,
California,
california land use,
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Endangered,
endangered species,
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Logging,
mitchell chadwick llpLast 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 […]
Two lumber companies are challenging former President Obama’s expansion of the Cascade-Siskiyou National Monument. The Obama administration added nearly 48,000 acres to the monument to “protect biodiversity.” More than 80 percent of the expanded land is used for timber production. Murphy Co. and Murphy Timber Investments LLC said the move compromises timber supplies and reduces […]
