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News Articles

Triggering the Statute of Limitations: What Counts as the State Water Resources Control Board’s ‘Final Action’?

In Millview County Water District v. State Water Resources Control Board, the Court of Appeal for the First Judicial District held that the final action…

Read More 2019-04-07

U.S. District Court Finds BLM’s Failure to Quantify GHG Emissions Prior to Authorization of Oil and Gas Leases Violated NEPA

On March 19, 2019, District Judge Rudolph Contreras of the U.S. District Court for the District of Columbia held that the U.S. Bureau of Land…

Read More 2019-04-07

California Court of Appeal Finds Coastal Commission’s Coastal Act ‘Do Novo’ Review Moots CEQA Challenge to Municipal Approval of Coastal Development Permit

The Fourth District Court of Appeal upheld the trial court’s determination that the California Coastal Commission’s (Commission) acceptance of an appeal of a local agency’s…

Read More 2019-04-07

The Trump Administration Border Wall—9th Circuit Panel Determines Illegal Immigration Act Allows for Waiver of Environmental Laws

In August and September of 2017, the Secretary of the Department of Homeland Security (Secretary) published a notice of determination in the Federal Register that…

Read More 2019-04-07

Federal ‘Green New Deal’ Legislation Introduced in the House of Representatives

Democratic House Member Alexandria Ocasio-Cortez and Senator Ed Markey have introduced a Resolution termed the Green New Deal. The proposal comes in the wake an…

Read More 2019-04-07

Governor Newsom Calls for Single-Tunnel WaterFix Project While Legislative Proposal Seeks to Increase Oversight

The California WaterFix project, also known as the “Twin Tunnels,” is the statewide plan to address water supply and delivery needs by constructing two 30-mile…

Read More 2019-04-07

Ninth Circuit Finds Fish and Wildlife Service Could Not Withhold Some Draft Jeopardy Opinions from Disclosure Under FOIA Exemption

This action deals with materials generated during the U.S. Environmental Protection Agency’s (EPA) proposed new regulations under § 316(b) of the federal Clean Water Act…

Read More 2019-02-05

Fourth Circuit Find Army Corps Lacked Statutory Authority to Nullify State-Imposed Special Conditions on CWA Nationwide Permit

A pipeline developer sought to rely on a nationwide permit under the federal Clean Water Act (CWA) for various stream crossings. However, the pipeline’s Federal…

Read More 2019-02-05

Utah Court of Appeals Affirms that a Municipality is not Constitutionally Obligated to Serve Residents Outside of its Boundaries and Forfeiting a Water Right

The Utah Court of Appeals has held that consistent with Article XI, § 6 of the Utah Constitution, a municipality is not obligated to provide…

Read More 2019-02-05

Oregon Court of Appeals Rules Department of State Lands Must Find Public Need Before Issuing Wetland Removal Fill Permit

In Citizens for Responsible Development in The Dalles, the Oregon Court of Appeals reversed and remanded the decision of the Oregon Department of State Lands…

Read More 2019-02-05