The below excerpt from Scotusblog can be found HERE. The Clean Water Act bars the discharge of any pollutant into “navigable waters” without a permit. In its lone grant on today’s order list, the Supreme Court agreed to decide whether a violation of the CWA occurs only when a pollutant is released directly into navigable […]
On December 28, 2018, the U.S. Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a revised Waters of the U.S. (“WOTUS”) to clarify the scope of waters federally regulated under the Clean Water Act (“CWA”). The proposed rule is open for a 60-day comment period. The proposed rule is intended to […]
The Fourth District Court of Appeal upheld application of a Class 1 categorical exemption for a restated facilities lease in the case San Diegans for Open Government v. City of San Diego (2018) 31 Cal.App.5th 349. The case also addressed whether the lease violated city-specific requirements and found that it did not. The lease at […]
Bowing to the reality of delays, out-of-control costs, and accusations of corruption, payback, and favoritism, California Governor Gavin Newsom reversed former Governor Jerry Brown’s steadfast support of the doomed rail system in his first State of the State speech on February 12, 2019. Newsom stated that the high-speed rail project (a saga which began with […]
In a January 16, 2019 decision made public this past Wednesday, the U.S. Government Accountability Office (“GAO”) sustained Bristol Environmental Remediation Services, Inc.’s (“Bristol”) bid protest, ruling that the U.S. Army Corps of Engineers (“Corps”) unfairly rejected Bristol’s proposal for an environmental cleanup and munitions response contract. Despite presenting the cheapest proposal among the other […]
Colorado mineral owners filed a federal lawsuit against the Colorado Oil and Gas Conservation Commission (the “COGCC”) this past Wednesday, asserting that the COGCC’s authority to allow companies to drill on objecting residents’ land is unconstitutional. Colorado Rising, the activist group backing the lawsuit, recently suffered defeat of its November ballot measure that would have […]
The transportation sector in California accounts for 40% of greenhouse gas emissions. To combat this, on December 14, 2018, California Air Resources Board (“CARB”) adopted a regulation that sets a statewide goal for public transit agencies to transition to fully zero-emission bus fleets by 2040. There are currently 150 zero-emission buses operating in California. Under […]
The California Department of Water Resources (“DWR”) and Ecosystem Investment Partners (“EIP”), a Mitchell Chadwick LLP client, have entered into an innovative public-private partnership to launch the largest habitat restoration project in the Sacramento-San Joaquin Delta (the “Delta”). EIP, a private company investing in large-scale ecological restoration projects nationwide, will restore 3,400 acres of tidal […]
The California Supreme Court released its long-pending opinion in Sierra Club v. County of Fresno (No. S219783) on December 24, 2018. The County of Fresno certified an Environmental Impact Report for the 942-acre, 2,500 unit project known as Friant Ranch. Project opponents challenged the project on numerous grounds. The California Supreme Court granted review from […]
Last Thursday, U.S. District Judge William G. Young denied a motion to dismiss in a lawsuit brought by the Conservation Law Foundation against Wychmere Beach Club alleging that the Cape Code resort polluted waterways. Judge Young stated that the Foundation’s case could hinge on the “hydrologic connection” theory, under which theory the Clean Water Act […]
