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Great Northwest, Inc. v. United States Army Corps of Engineers 2010 WL 9499372 In an unpublished decision, a federal court sitting in Alaska has ruled that the Corps lacked authority under the Clean Water Act to regulate a mining operation because th…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