This week environmental groups brought a lawsuit against the Trump administration over its recent support of a company’s plan to pump 16.3 billion gallons of groundwater each year from a Mojave Desert aquifer to developments in South Orange County and other locations. Los Angeles-Based Cadiz Inc. seeks to build a pipeline that pumps the water […]
This week, President Trump signed two proclamations, which reduced the size of two national monuments in Utah by 2 million acres and is now the largest rollback of federal land protection in U.S. history. Using the Antiquities Act, Trump formally downsized the Grand Staircase-Escalante Monument to about half its size (from 1.9 million acres to […]
November 10, 2017 | Category:
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Land Use,
Lawsuit | Tags:
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In an unpublished decision filed November 6, 2017, the First district Court of Appeal upheld a County decision to approve a design review application for a market and grocery store renovation project. (Case No. A150043) The petitioner appealed from a trial court decision, which found application of the CEQA exemption proper. Marin County first issued […]
November 4, 2017 | Category:
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This 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 31, 2017 | Category:
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In an unpublished decision filed on October 24, 2017, the Third District Court of Appeal upheld a trial court’s denial of a CEQA challenge to a freeway interchange and arterial roadway project. The case, Eureka Village Homeowners Association v. City of Rancho Cordova (C082276) considers whether the EIR prepared by the city analyzed a reasonable […]
October 27, 2017 | Category:
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mitchell chadwick llp,
NEPA
This 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:
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On 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 […]
October 15, 2017 | Category:
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mitchell chadwick llp
In Pesticide Action Network North America v. California Department of Pesticide Regulation (September 19, 2017) Case No. A145632, the First District Court of appeal considered whether the Department of Pesticide Regulation met its CEQA obligations under the Department’s certified regulatory program. Documents prepared pursuant to the regulatory program serve as the functional equivalent of CEQA […]
Consistent with President Trump’s rollback of several Obama-era moratoria on mining on federal lands, the Interior Department is expected to let lapse the two-year moratorium on new mining claims in several Western states. On September 24, 2015, former Interior Secretary Sally Jewell signed a federal administrative order withdrawing from new mining claims 10 million acres […]
September 25, 2017 | Category:
California,
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mitchell chadwick llp
The First District Court of Appeal recently upheld the City of South San Francisco’s decision to approve a CUP for converting office buildings to a medical clinic via a CEQA categorical exemption. (Respect Life South San Francisco v. City of South San Francisco (2017) Case No. A145992.) The proposed conversion included only minor physical changes […]