Scope of CEQA Review Constrained by Prior Judgments

Tiburon Open Space Committee v. County of Marin (2022) 78 Cal.App.5th 700 In a contentious development case, the first appellate district recently held that a lead agency properly limited the scope of its CEQA review to recognize prior judgments whic… Read More
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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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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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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In Protect Tustin Ranch v. City of Tustin (G059709), an unpublished opinion, the Fourth District Court of Appeal upheld the use of CEQA’s infill exemption to approve a Conditional Use Permit (“CUP”) for the demolition of a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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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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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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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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Winery Waste Discharge Requirements Scheduled for Adoption in November 2020

California’s State Water Resources Control Board continues to advance its development of general waste discharge requirements (“WDRs”) for wineries. On July 3, 2020, the board gave notice of a July 22, 2020 online public workshop and scheduled… Read More
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Regulatory Update: California Cannabis Licensees May Defer License Payments Until August 31, 2020

June 2020 In a continuing response to COVID-19, on June 29, 2020, the three California cannabis agencies (the Bureau of Cannabis Control, California Department of Food and Agriculture CalCannabis, and the California Department of Public Health Manufa… Read More
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Stranded in Level 1 or Level 2? The 2020 IGP Amendments Allow an Escape

April 2020 Operators under California’s Industrial General Permit (IGP) are familiar with the challenge of maintaining “baseline” status under the IGP. This is especially true for mines and construction material producers, whose facilities are… Read More
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