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 […]
November 1, 2017 | Category:
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NEPA,
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Oil and Gas | Tags:
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mitchell chadwick llp,
NEPA,
oil,
oil & gas,
oil and gasLast week, California Representative Alan Lowenthal (D) introduced HR 4103 (2017), also known as the “Having Open Access to Relevant Data Act” or the “HOARD Act.” The legislation specifically targets applicants who have obtained Permits to Drill on federal lands, but had not begun timely drilling. The HOARD Act is in response to the Bureau […]
October 31, 2017 | Category:
Air Quality,
California,
CEQA,
Land Use,
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Noise | Tags:
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lawsuitIn an unpublished decision filed on October 24, 2017, the Third District Court of Appeal upheld a trial court’s denial of a CEQA challenge to a freeway interchange and arterial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:
Endangered Species,
Land Use,
Lawsuit,
NEPA,
News | Tags:
BLM,
california land use,
court case,
Endangered,
endangered species,
environmental group,
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Land Use Law,
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:
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Endangered Species,
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Lawsuit,
NEPA,
News | Tags:
BLM,
california land use,
court case,
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EPA,
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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 California Manufacturers & Technology Association (“CMTA”) recently published its annual magazine, California Manufacturers, discussing regulations, laws, and ballot measures that will be considered next year, and profiled companies and individuals that best exemplify the qualities of California manufacturers and supporters. The 2018 edition of the magazine highlights Clif McFarland, acknowledging his advocacy for […]
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 […]
October 15, 2017 | Category:
California,
CEQA,
Land Use,
Lawsuit,
News | Tags:
California,
california land use,
CEQA,
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mitchell chadwick llpIn 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 […]
Last week, the United States Supreme Court was asked to consider whether former tenants and sublessees of a Superfund site may be liable for recovery costs – even though these parties were not technically “owners” under the meaning of CERCLA. In Next Millenium Realty LLC v. Adchem Corporation, No. 17-____, the Petitioners were the fee […]
