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News Articles

Eighth Circuit Finds Fugitive Emissions from Certain Coal Storage Deemed Outside the Reach of the Clean Air Act New Source Performance Standards

By Allison Smith The Eighth Circuit Court of Appeals has affirmed the lower court decision in Voight v. Coyote Creek Mining Company, LLC, holding that…

Read More 2021-07-29

U.S. Supreme Court Determines Contribution Action Under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liability

By Heraclio Pimentel and Rebecca Andrews The U.S. Supreme Court recently held that a party may seek contribution under Subsection 113(f)(3)(B) of the Comprehensive Environmental…

Read More 2021-07-29

California Court Affirms Injunction Against City’s Short Term Vacation Rental Ban Because City Lacked Coastal Development Permit

By Boyd Hill California’s Second District Court of Appeal in Kracke v. City of Santa Barbara affirmed the injunction against enforcement of a City of…

Read More 2021-07-29

Ninth Circuit Finds U.S. Fish and Wildlife Service Failed to Explain Reversal of Previous ESA Listing Decision Regarding Pacific Walrus

By James Purvis The Center for Biological Diversity brought an action challenging a decision by the U.S. Fish and Wildlife Service (USFWS or Service) to…

Read More 2021-07-29

California’s Marin Municipal Water District Continues Discussions on Moratorium for New Water Service Connections

By Wesley A. Miliband and Kristopher T. Strouse Recently, Marin Municipal Water District (District) has been discussing the idea of enacting a moratorium on new…

Read More 2021-07-28

California Water Suppliers Plan Mandatory Water Conservation Restrictions in Response to Drought Conditions

By Gabriel J. Pitassi, Derek R. Hoffman Severe Drought conditions have emerged again in California after back-to-back dry years, below‑average snowpack, and warm temperatures. Governor…

Read More 2021-07-28

California Court of Appeal Upholds Supplemental EIR for Lease Amendment Pertaining to Desalination Plant

By James Purvis The California State Lands Commission prepared a supplemental Environmental Impact Report (EIR), as a California Environmental Quality Act (CEQA) responsible agency, to…

Read More 2021-06-12

U.S. District Court Grants Comprehensive Preliminary Injunction Ordering Los Angeles to Shelter the Homeless Population—Ninth Circuit Stays the Order Temporarily

By Bridget McDonald In a sweeping 110-page opinion, U.S. District Court Judge David O. Carter for the Central District of California granted a preliminary injunction…

Read More 2021-06-12

California Superior Court Judge Approves Stipulated Judgment in the Borrego Valley Groundwater Adjudication

By Miles Krieger, Geremy Holm and Steve Anderson A group of groundwater pumpers, including the local public water provider, Borrego Water District (BWD), entered into…

Read More 2021-06-12

Ninth Circuit Revives Navajo Nation Trust Claim Based on Unquantified Colorado River Rights

By Miles Krieger and Steven Anderson In April 2021, the Ninth Circuit Court of Appeals reversed a U.S. District Court ruling dismissing a breach of…

Read More 2021-06-12