New Waters of the U.S. Rule Halted Nationwide The 6th Circuit, in a 2-1 decision filed on October 9, 2010, halted nationwide the application of the Environmental Protection Agency and U.S. Army Corps of Engineers’ new definition for waters of the U.S. under the Clean Water Act. Barring further appellate review or the conclusion of […]
Army Corps Handed Court Defeat Even as More States Challenge New Rule Jurisdictional Determination IS a “Final Agency Action” that can be challenged in court On Sept. 8th, the Obama administration asked the Supreme Court to review the Eight Circuit’s decision in Hawkes v. Corps. In Hawkes, a landowner sought a jurisdictional determination from […]
August 31, 2015 | Category:
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WaterEnviros Threaten EPA: Tighten Drilling Regulations or Get Sued On August 26, 2015, a consortium of environmental groups led by the Environmental Integrity Project and the Natural Resources Defense Council gave the Environmental Protection Agency (“EPA”) official notice of their intent to sue and compel the agency to update its regulations on drilling waste. The […]
EPA’s Clean Water Rule Halted By N.D. Judge The U.S. Environmental Protection Agency (EPA) final Clean Water Rule (also referred to as the Water of the United States Rule) was supposed to go into effect on August 28th. Under the new rule, the scope of waters protected under the Clean Waters Act, including which features […]
April 29, 2015 | Category:
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Nevada CountyOn April 28th, 2015, the Nevada County Board of Supervisors voted to approve the Blue Lead Gold Mine, and simultaneously denied an appeal of the project filed by neighbors and environmental groups. The Nevada County Supervisors, before a room full of project opponents, voted 4-0 to deny the appeal and approve the project, certify the […]
On March 24, 2015, the Fourth Circuit ended a 13-year battle between Precon Development Corp. Inc. and the Army Corps of Engineers over a proposed housing development in Virginia. (PRECON DEVELOPMENT CORPORATION, INC. v. UNITED STATES ARMY CORPS OF ENGINEERS) The ruling hinged on whether there was a “significant nexus” between the proposed development and […]
March 3, 2015 | Category:
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mitchell chadwick llpCalifornia Supreme Court Clarifies the “Unusual Circumstances” Exception under CEQA Today, the California Supreme Court issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley (No. S201116), and affirmed that even in Berkeley, building a single-family home does not require environmental review under the California Environmental Quality Act. Berkeley Hillside clarified when the “unusual […]
January 8, 2015 | Category:
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traffic studyOn behalf of Buckeye Terminals, Mitchell Chadwick sued the City of West Sacramento in Yolo County Superior Court for failing to conduct adequate traffic studies along South River Road before it dramatically altered traffic routes and circulation. The City’s decision would increase traffic, close off existing truck-staging areas, and disallow safe rail deliveries to the area. The City also […]
