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News Articles

California Court of Appeal Finds County’s Action to Abandon a Public Road Easement Relied on Incorrect EIR in Conducting Subsequent Review

By James Purvis Owners of property in a residential subdivision brought an inverse condemnation claim against Placer County (County) and filed petitions for writ of…

Read More 2020-10-02

California Court of Appeal Finds Imperial Irrigation District Water Allocation Program Invalid but Not a ‘Taking’ of Water Rights

By Derek R. Hoffman In a years-long dispute over water allocations among irrigation district water users in the Imperial Valley, the California Fourth District Court…

Read More 2020-10-02

Eighth Circuit Addresses an Application to EPA to Register Renewable Fuel Credits by a Refinery that Was Thwarted by the Agency’s Electronic System

By Deborah Quick Obtaining final agency action subject to judicial review can sometimes feel like the culmination of a mythic odyssey to applicants for administrative…

Read More 2020-10-02

State Attorneys General Challenge Trump Administration’s Revamp of the National Environmental Policy Act

By Geremy Holm, Miles Krieger, Steve Anderson In July 2020, the Council on Environmental Quality adopted sweeping revisions to its longstanding 1978 regulations detailing implementation…

Read More 2020-10-02

Nevada Supreme Court Answers Certified Questions from the Ninth Circuit Court of Appeals Regarding the State’s Public Trust Doctrine

By Debbie Leonard On September 17, 2020, the Nevada Supreme Court issued an eagerly awaited ruling regarding the public trust doctrine in the long-running Walker…

Read More 2020-10-02

California Supreme Court Holds County’s Blanket Classification of Well Construction Permit Issuances as Ministerial Violates CEQA

By Christina Berglund The California Supreme Court in Protecting Our Water and Environmental Resources v. County of Stanislaus found that the County of Stanislaus (County) had…

Read More 2020-10-02

California Court of Appeal Finds Development Agreements Can Abridge Vested Rights Established in Approved Vesting Tentative Maps

By Travis Brooks The Fourth District Court of Appeal has provided some clarity on previously undecided issue regarding the interplay between vesting tentative and development…

Read More 2020-09-07

Council on Environmental Quality Publishes Final Rule Updating NEPA’s Implementing Regulations

By Sam Bivins and Meredith Nikkel The Council on Environmental Quality (CEQ) recently published a final rule updating the National Environmental Policy Act’s (NEPA) implementing…

Read More 2020-09-07

California Court of Appeal Affirms State Water Board’s Authority to Regulate Unreasonable Water Use through Temporary Emergency Regulations and Curtailment

By Paula Hernandez and Derek R. Hoffman The California Third District Court of Appeal recently upheld a determination that the State Water Resources Control Board’s…

Read More 2020-09-07

FERC Order Requires PacifiCorp to Remain on for Klamath Dam Removals

By Austin C. Cho and Meredith Nikkel A recent ruling by the Federal Energy Regulatory Commission (FERC) has inserted a new condition on a longstanding…

Read More 2020-09-07