This week, two California water agencies filed petitions appealing to the Supreme Court to review a landmark decision that gives Native American tribes groundwater rights. The Coachella Valley Water District and Desert Water Agency are challenging a March decision by the Ninth Circuit Court of Appeals, which held that the AguaCaliente Band of Cahuilla Indian […]
Governor Jerry Brown announced yesterday that a global climate action conference will be held in San Francisco in 2018, as he continues his quest to be a leader in the global warming movement. Governor Brown previously criticized President Donald Trump’s withdrawal from the Paris climate agreement—an agreement which was never ratified by the U.S. Congress. […]
A California judge has allowed oil companies and agricultural groups to proceed with a lawsuit challenging California’s low carbon fuel standard. Last week, U.S. District Judge Lawrence O’Neill agreed to let the two groups of plaintiffs bring a dormant Commerce Clause claim, because they have successfully shown that the fuel scheme could have a discriminatory […]
On June 16th, the Ninth Circuit upheld the U.S. Forest Service’s decision to deny a permit for the construction and operation of a ski resort near Missoula, Montana. Western Montana Community Partners Inc. (“WMCP”) and Special Use Permit for Public Resort Benefits LLC (“SUPPRB”) sued the Forest Service in 2013, arguing that the Forest Service […]
May 26, 2017 | Category:
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Waters Of The U.S.A California farmer is facing a $2.8 million fine and a trial in federal court this summer for failing to get a permit to plow his own field. John Duarte, of Duarte Nursery, bought 450 acres of land near Modesto in 2012, where he planned to grow wheat. While his wheat was planted, it was […]
May 24, 2017 | Category:
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mitchell chadwick llpU.S. Environmental Protection Agency announced it would put a stop to two Obama-era rules for new and existing dumps meant to cut methane emissions at landfills. The EPA will reconsider the rules after industry groups protested the Obama Administration’s final rules for both rules: “Standards of Performance for Municipal Solid Waste Landfills” and Emission Guidelines […]
May 21, 2017 | Category:
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miningThe U.S. Supreme Court is requesting that the Trump administration evaluate the extent to which states can prohibit mining activity on federal lands. Earlier this week, the Justices asked the acting solicitor general to weigh in on a case brought by a part-time prospector who hopes to knock down a specific California ban on a […]
May 20, 2017 | Category:
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Waters Of The U.S.Environmental groups are taking issue with President Trump’s executive order instructing the U.S. Environmental Protection Agency to consider interpreting the term “navigable waters” in a manner consistent with the late Justice Antonin Scalia’s opinion in Rapanos v. United States. In his opinion Justice Scalia concluded that the Clean Water Act only applies to relatively permanent […]
A Washington state judge rejected an environmental activist’s request to present a necessity defense at his trail, where the “activist,” along with four other “activists” face charges of sabotage and burglary. The defendant admitted to illegally entering a pipeline facility near Anacortes, Washington, and shutting off a valve. The defendant argued his actions were somehow justified since […]
May 6, 2017 | Category:
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traffic studyIn a recent decision, the California Supreme Court added to the complexity of CEQA review for projects in coastal areas. On March 30, 2017, the Supreme Court issued its holding in Banning Ranch Conservancy v. City of Newport Beach (S227473), which struck down an Environmental Impact Report (EIR) prepared by the City of Newport Beach […]
