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 […]
Butte County sued Pacific Gas & Electric Co. (“PG&E”) in California state court over the fire that ravaged the county and killed 86 people in November 2018. The complaint explains a history of leaks, fires, and explosions surrounding PG&E’s facilities going back to 1981. PG&E has been subject to fines, penalties, and convictions over prior […]
The Natural Resources Agency released a “discussion draft” titled CEQA and Climate Change Advisory, on December 28, 2018. This discussion draft contains “initial thoughts” on updating the June 2008 climate change advisory. The update is intended to provide more guidance to lead agencies for evaluating and mitigating potential project impacts on climate change. Comments addressing […]
January 13, 2019 | Category:
NewsOn December 12, 2018, the California State Water Resources Control Board (“SWRCB”) adopted a plan designed to restore water flows on the San Joaquin River and its main tributaries – the Stanislaus, Tuolumne, and Merced Rivers. The plan establishes water quality control measures and flow requirements needed to provide protection of beneficial uses in the […]
The Regulatory Action Amendments to the California Environmental Quality Act (“CEQA”) Guidelines (the “Amendments”) have been approved by the Office of Administrative Law and filed by the Secretary of State. The Amendments are now effective California regulations. All CEQA documents that were not circulated for the statutory public review and comment period prior to the […]
On December 18, 2018, President Trump signed into law the Indian Tribal Energy Development and Self-Determination Act (“Act”). The Act is a bipartisan bill that was introduced by Senator John Hoeven from North Dakota. Hoeven is the chairman of the Senate Committee on Indian Affairs. The new law preserves trust reform principles and mechanisms in […]
The U.S. Supreme Court released its decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service (“USFWS”) that resulted in a significant victory for private property rights. Using common sense, the Supreme Court interpreted the Endangered Species Act (“ESA”) to allow critical habitat designations only in areas that the USFWS determines are actually habitat for […]
The Departments of Interior and Agriculture announced a $449 million grant for the Sites Reservoir Project in Colusa County, California. The Sites Reservoir is a proposed 13-mile lake that would hold nearly 1.8 million acre-feet of water diverted from the Sacramento River. The $449 million grant will fund a pipeline that will connect the Glenn-Colusa […]
Last Thursday, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rollback of a 2015 Obama administration rule setting CO2 emissions standards for new or modified coal-fired steam generating units. Acting EPA Administrator Andrew Wheeler stated that the Obama era standards were set too high and that carbon capture and sequestration is not the best […]
The Sixth District Court of Appeal filed a decision heavy on writ procedure in the case Alliance of Concerned Citizens Organized for Responsible Development on November 26, 2018 (Case No. H044410). The heavy focus on procedure in the Court’s decision doesn’t make for the most exciting reading, but the decision contains an important reminder for […]
