April 1, 2016 | Category:
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Waters Of The U.S.Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality Earlier this week, U.S. Supreme Court Justice Anthony Kennedy called the Clean Water Act “arguably unconstitutionally vague.” This was a welcome hint on the future of the rule for landowners, project proponents and other critics of U.S. EPA’s new Waters of the U.S. Rule, which defines the […]
March 31, 2016 | Category:
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Waters Of The U.S.The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review In the days before oral argument before the U.S. Supreme Court regarding the ability of the U.S. Army Corps of Engineers (“ACOE”) to claim jurisdiction over bodies of water, the ACOE emphasized the inability for its jurisdictional determinations to be challenged. The […]
Lumber Liquidators Settle California Clean Air Action for $2.5M North America’s biggest specialty retailer of hardwood flooring, Lumber Liquidators, is paying $2.5 million to settle claims that some of its products violated California air-safety standards. The company faced allegations that it sold imported composite wood products that exceeded state formaldehyde limits and didn’t take enough […]
March 9, 2016 | Category:
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Waters Of The U.S.2016 Mining and Land Resources Institute Event Details / Conference Website HERE. Event type: Conference Date: March 10th and 11th Speaker: Braiden Chadwick and Chris Powell Topic: 2015-2016 Mining and Public Lands Update Venue: Atlantis Casino Resort Spa Address: 3700 S Virginia St, Reno, NV 89502 Mitchell Chadwick LLP partner, G. Braiden Chadwick, will be speaking […]
January 14, 2016 | Category:
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speciesNewhall Land and Farming Company Petitions California Supreme Court to Reconsider Newhall Decision The Newhall Land and Farming Company has petitioned the California Supreme Court to reconsider its November 30, 2015 decision blocking a mixed-use residential project in Los Angeles County. Newhall argues that the Court’s decision was based on incorrect legal reasoning and a […]
December 30, 2015 | Category:
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Waters Of The U.S.Sierra Club Requests to Intervene in Clean Water Act Challenge The Sierra Club recently filed a motion to intervene in a court challenge regarding the new Waters of the United States rule (WOTUS). In short, the rule seeks to redefine which waters receive federal protection under the Clean Water Act. The United States Environmental […]
Sixth Circuit to Consider Crucial Jurisdictional Issue Relating to Scope of Clean Water Act The US Court of Appeals for the Sixth Circuit will hear oral arguments about whether federal district courts have jurisdiction to hear challenges to President Obama’s rule broadening the application of the Clean Water Act. In May, the Environmental Protection Agency […]
November 19, 2015 | Category:
CEQA,
News,
Oil and Gas | Tags:
California,
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mitchell chadwick llpEnviro Groups Sue Ventura County Over New Oil Wells Los Padres ForestWatch, the Center for Biological Diversity, and Citizens for Responsible Oil and Gas filed a CEQA petition challenging Ventura County’s approval of 19 new oil wells near the Santa Paula Canyon Trail. The project garnered strong opposition from hikers and environmentalists. According to the […]
November 12, 2015 | Category:
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Land Use,
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WaterFish Before People: Environmentalists sue over Sacramento River and Shasta Dam A cadre of environmental groups filed a lawsuit yesterday against the Interior Department for allegedly mismanaging California’s water supplies to the detriment of salmon. The Natural Resources Defense Council and other groups argue that the Bureau of Reclamation has violated the Endangered Species Act […]
Supreme Court To Resolve Split Over CWA Jurisdiction? The U.S. Supreme Court is being asked by several of the original plaintiffs in a Clean Water Act Case, to grant the U.S. Army Corps of Engineers’ request to clear up a circuit split on whether the agency’s jurisdictional determinations over which water bodies are subject to […]
