City of Fontana Adopts New Industrial Land Use Regulations Following CEQA Litigation by AG

On April 12th, 2022, the City of Fontana passed Ordinance 1891 (“Ordinance”). The Ordinance implemented new-wave environmental justice policies for industrial commerce centers, and although its reach is limited to Fontana alone, its terms give a… Read More
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Ninth Circuit Ruling Exposes Challenges to Permitting Large Waste Rock Storage Areas on Federal Lands

Center for Biological Diversity v. U.S. Fish & Wildlife Service 33 F.4th 1202 (9th Cir. 2022) A recent Ninth Circuit ruling highlights the Mining Law of 1872’s shortcomings to accommodate the extraordinarily large-scale operations that often ch… Read More
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Recirculation Required for New GHG Estimate

We Advocate, etc. v. County of Siskiyou 2022 Cal. App. Unpub. LEXIS 2349 CEQA requires an EIR to be recirculated for public review if “significant new information” is added between the time that a draft EIR is released to the public and the time… Read More
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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In Protect Tustin Ranch v. City of Tustin (G059709), an unpublished opinion, the Fourth District Court of Appeal upheld the use of CEQA’s infill exemption to approve a Conditional Use Permit (“CUP”) for the demolition of a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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