Announcement of Firm Name Change

It is with great pleasure that we announce some exciting news. Effective December 1, 2021, our firm will be known as Harrison, Temblador, Hungerford & Guernsey, LLP. This change marks the addition of our partner and colleague, Adam Guernsey, as a… Read More
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Categories: Articles

California Court of Appeal Clarifies Five-Acre Project Size Requirement for CEQA’s Infill Exemption for Gas Station Project

In Protect Tustin Ranch v. City of Tustin (G059709), an unpublished opinion, the Fourth District Court of Appeal upheld the use of CEQA’s infill exemption to approve a Conditional Use Permit (“CUP”) for the demolition of a structure and constru… Read More
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New Toxicity Provisions Establish Statewide Effluent Limitations for NPDES Permits

On October 5, 2021, the State Water Resources Control Board (“State Board”) adopted statewide requirements for dischargers, known as the “Toxicity Provisions,” which insert a uniform set of effluent limitations into each region’s basin plan… Read More
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CEQA’s Categorical Exemption for “Existing Facilities” Again Found Ambiguous

Los Angeles Dept. of Water & Power v. County of Inyo 2021 Cal. App. LEXIS 676 Section 15301 of CEQA’s Guidelines categorically exempts, among other things, ongoing operations at “existing facilities.” A new decision from the Fifth Appellate… Read More
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Categories: Articles, Water

Understanding Cal/OSHA Mining and Tunneling Citation Penalties

As most California mine operators are aware, Cal/OSHA maintains a “Mining and Tunneling Division” that duplicates the federal Mine Safety and Health Administration’s safety oversight over mining operations. And, just like MSHA, Cal/OSHA Mining… Read More
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First District Court of Appeal Rules that Responsible Agencies May Impose Mitigation Measures That Were Not Identified During CEQA Review of a Project

The First District Court of Appeal recently held that the California Environmental Quality Act (“CEQA”) does not prevent responsible agencies from imposing mitigation requirements that are more stringent than those identified in a certified Envir… Read More
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Categories: Articles, CEQA, Water

Sacramento Court Invalidates State Wetlands Regulations

The Sacramento County Superior Court recently invalidated state regulations that were designed to create new permitting requirements for dredge and fill activities in wetlands that lost federal protections under the Clean Water Act following United S… Read More
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Mine Safety and Health Administration: Annual Increase to Civil Penalties

On January 14, 2021, the United States Department of Labor published a final rule in the Federal Register that increases the Mine Safety and Health Administration’s (“MSHA”) civil monetary penalties. As is required every year, the civil penalti… Read More
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Categories: Articles, Mining

DOJ Pledges to Abstain from Seeking Clean Water Act Penalties Where States Pursuing Comparable Enforcement

On July 27, 2020, the Assistant Attorney General in charge of the U.S. Department of Justice’s Environment and Natural Resources Division announced that the federal government will not, as a general policy, seek civil penalties in Clean Water Act (… Read More
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Categories: Articles

Court of Appeal Upholds Statutorily Conferred Vested Rights Against Ballot Box Challenge

Redondo Beach Waterfront, LLC v. City of Redondo Beach 2020 Cal. App. LEXIS 634 July 2020 California’s Second Appellate District has upheld statutorily conferred vested development rights from challenge by a later approved citizens’ initiative. T… Read More
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