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 […]
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 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 […]
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 […]
