Clean Water Act Citizen-Suit Alleging "New Source" Violations Must Comply with 60-Day Waiting Period

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc. (2013) 734 F.3d 1297 The Eleventh Circuit Court of Appeal recently decided whether a citizen can bypass the 60-day waiting period under the Clean Water Act (“CWA”) by allegin… Read More
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Court Holds that NPDES Shield Applies to Quarry Operator Discharging under Mine Permit

Wisconsin Resources Protection Council v. Flambeau Mining Company 727 F.3d 700 The Seventh Circuit Court of Appeal recently held that a mining operation did not violate the Clean Water Act when it discharged pollutants without a NPDES permit, based o… Read More
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US EPA and US Army Corps of Engineers Continue Their Efforts to Clarify Clean Water Act Jurisdiction

Rapanos v. U.S. 547 U.S. 715 The United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) jointly submitted a draft rule to clarify the limits of Clean Water Act (“CWA”)… Read More
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Court Clarifies the Mitigation Fee Act, Expanding Relief under Its Protest Provisions

The California Supreme Court has recently clarified language in the Mitigation Fee Act (Government Code § 66000, et. seq.), which allows developers to pay development "fees, dedications, reservations, or other exactions" under protest, while simul… Read More
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Court Offers Guidance on Using AB 32 Targets as Threshold of Significance

Oroville v. City of Oroville (2013) __ Cal.Rptr.3d __ A California Appellate Court has confirmed that a lead agency may adopt Assembly Bill 32’s emissions reduction targets as the threshold of significance standard to determine whether a Project’… Read More
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MS4 Permittees are Liable for Clean Water Act Violations as a Matter of Law When Mass Monitoring Showed Exceedances

Natural Resources Defense Council, Inc., et al., v. County of Los Angeles, et al. 2013 DJDAR 10619 In a recent decision, the Ninth Circuit Court of Appeal ruled that pollution exceedances at mass-monitoring stations at the Los Angeles and San Gabriel… Read More
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Wetlands Separated by Railroad Tracks from Other Jurisdictional Wetlands do not Qualify as Adjacent to Navigable Waters Under Corps' Regulations

Great Northwest, Inc. v. United States Army Corps of Engineers 2010 WL 9499372 In an unpublished decision, a federal court sitting in Alaska has ruled that the Corps lacked authority under the Clean Water Act to regulate a mining operation because th… Read More
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Categories: Articles, Water

California Legislature Extends Life of Subdivsion Maps

The California Legislature has passed a bill providing an automatic 24-month extension for subdivision maps approved after January 1, 2000. Governor Jerry Brown signed the bill on July 11, 2013. The bill is an “urgency” measure and therefore take… Read More
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Categories: Articles, Land Use

Williamson Act Contracts May be Cancelled to Allow Project Developments with a Significant Public Benefit

Save Panoche Valley, et al., v. San Benito County (2013) ___ Cal.Rptr.3d ___ In a decision that is sure to be favored by solar developers, California’s Sixth District Court of Appeal recently upheld San Benito County’s decision to cancel certain… Read More
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Categories: Articles, Solar

Goverment Demand for Property or Money from Land Use Permit Applicant Must Satisfy Requirements of Nollan and Dolan, Even When Government Denies the Permit

Koontz v. St. Johns River Water Management Dist. The United States Supreme Court has recently extended the requirements of Nollan v. California Coastal Comm’n and Dolan v. City of Tigard, which require that a government’s demand for property in e… Read More
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Categories: Articles, Land Use