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News Articles

Ninth Circuit Finds State Law-Based Climate Change Lawsuit Determined Not to Raise Federal Questions for Purposes of Federal Court Removal

by Nathalie Camarena and Rebecca Andrews) A California state law claim for public nuisance in a climate change lawsuit brought by the City of Oakland…

Read More 2020-07-09

Ninth Circuit Requires U.S. Forest Service to Prepare EIS—Finds Environmental Assessment for Restoration Project Inadequate

By Travis Brooks The U.S. Court of Appeals for the Ninth Circuit recently rejected an Environmental Assessment (EA) prepared by the U.S. Forest Service (USFS)…

Read More 2020-07-09

Allegations of RICO Violations In ‘Clean Diesel’ Litigation Survive Motion to Dismiss at the U.S. District Court

By Deborah Quick A third U.S. District Court has rejected a motion to dismiss Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962, RICO)…

Read More 2020-06-20

U.S. District Court finds Nationwide Permit for Keystone Xl Pipeline Project Violates the Endangered Species Act

By Patrick Skahan and Rebecca Andrews The U.S. District Court for the District of Montana recently declared that the U.S. Army Corps of Engineers (Corps)…

Read More 2020-06-20

U.S. Supreme Court Finds State Law Claims for Oilfield Cleanup Restoration Plan More Stringent than a CERCLA Plan May Require EPA Approval

By Nathalie Camarena and Rebecca Andrews The U.S. Supreme Court determined that the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA or the…

Read More 2020-06-20

California State Water Resources Control Board Adopts Permanent Monthly Water Use Reporting Requirements

By Chris Carrillo and Derek R. Hoffman Building upon its emergency regulations imposed during the incredible drought years of 2014‑2017, the California State Water Resources…

Read More 2020-06-20

Governor Newsom Issues Executive Order that Suspends Certain Noticing Deadlines Under the CEQA

By Nedda Mahrou Recently, California Governor Gavin Newsom issued an Executive Order suspending various timeline aspects of the California Environmental Quality Act (CEQA). This will…

Read More 2020-06-20

U.S. Supreme Court Finds ‘Functional Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S.

By Travis Brooks On April 23, in County of Maui v. Hawaii Wildlife Fund,  the U.S. Supreme Court provided an answer to a question that…

Read More 2020-06-20

Coastal ‘Managed Retreat’—A Sensible and Tempered Climate Mitigation Strategy or a Sacrificial Abandonment?

By David C. Smith It is your California dream home—beach-front access and 180-degree ocean views. However, due to being included in a “hazards” overlay zone,…

Read More 2020-05-08

District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ Under RCRA and the Clean Water Act

By Nathalie Camarena and Rebecca Andrews Recently the U.S. District Court for the Northern District of Iowa was faced with claims of water and soil…

Read More 2020-05-08