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Posts From Bob Schuster

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U.S. District Court finds District Engineers Within Army Corps Have Discretion to Approve Reductions In Mitigation Banks Size Established under the Clean Water Act

D.C. Circuit Blocks EPA’s Use of Rulemaking Authority to Delay Effective Date of Clean Air Act Accidental Release Regulations Beyond Statutory Limitations

California Court of Appeal Holds Public Trust Doctrine Applies to Extraction of Groundwater Affecting a Navigable Stream—SGMA Does Not Occupy the Field

Federal Government and Center For Biological Diversity Reach Settlement over ‘Wild And Scenic’ Rivers

California Court of Appeal Holds Voters May Not Approve Development Agreements By Initiative

California Supreme Court Finds Voter Referendum Is Not Automatically Invalid Due to Resulting Inconsistency Between General Plan and Zoning Ordinance

California Supreme Court Finds Voter Referendum Is Not Automatically Invalid Due to Resulting Inconsistency Between General Plan and Zoning Ordinance

In a case dealing with a petition filed by a city in connection with a [...]

California Adopts Wildfire Prevention and Emergency Response Legislation

On August 31, 2018, California’s legislature passed Senate Bill 901, which includes a bundle of [...]

California Natural Resources Agency Publishes State’s Fourth Climate Change Assessment

On August 27, 2018, the California Natural Resources Agency published a 132-page report entitled “California’s [...]

Seventh Circuit Finds Jurisdictional Determination Unsupported By Record Where Corps of Engineers Failed to Include Wetlands Inventory Map or Site-Specific Data

Deference to agency decisions under the abuse of discretion test has its limits, as illustrated [...]