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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Nuclear Regulatory Commission Violates NEPA by Allowing Licensing Decisions to Stand While NEPA Defects Are Corrected

July 2018 Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission 2018 U.S. App. LEXIS 20215 The District of Columbia Circuit recently held that the U.S. Nuclear Regulatory Commission’s practice of leaving licensing decisions in effect while under… Read More
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Ninth Circuit Upholds Newhall Ranch 404(B)(1) Analysis; Rejects Arguments that Corps Failed to Properly Analyze Costs of Alternatives

Friends of the Santa Clara River v. U.S. Army Corps of Engineers 2018 U.S. App. LEXIS 8883 April 2018 The Ninth Circuit has rejected a legal challenge to the Army Corps of Engineer’s Section 404 permit for the 12,000-acre Newhall Ranch mixed-use pr… Read More
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Court Holds That Stipulated Compliance Orders Do Not Require CEQA Review

Coastal Environmental Rights Foundation v. County of San Diego (2017) Cal. App. Unpub. LEXIS 6988 In an unpublished decision of interest to quarry operators, California’s Fourth Appellate District held that San Diego County did not need to perform… Read More
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Jury Awards $100M Damages to Vested Mine Operators

Joe and Yvette Hardesty and the Jay Schneider family were awarded more than $100 million in damages against Sacramento County in federal court on Tuesday, March 21. The litigation was one in a long line of lawsuits and administrative actions concerni… Read More
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