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News Articles

California’s Proposed Wetlands Definition and Procedures for the Discharge of Dredged or Fill Materials to ‘Waters of the State’ Expected to Have Widespread Implications

Since June 2016, the California State Water Resources Control Board (SWRCB) has been working to develop a state wetlands definition, as well as revised procedures…

Read More 2017-11-15

U.S. District Court Finds Seller of Property Liable as CERCLA Arranger For Response Costs and Punitive Damages

The U.S. District Court for the Southern District of Iowa, on remand, recently found that corporate defendants intentionally sold buildings contaminated with polychlorinated bipehnyls (PCBs)…

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Tenth Circuit Strikes Down GHG Emissions Analysis Completed By Bureau of Land Management For Major Coal Leases In Wyoming

On September 15, 2017, the Tenth Circuit Court of Appeal issued an opinion reversing the decision of the U.S District Court to uphold four coal…

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Senate Bill 150-—California Takes Steps to Address the Land Use-Transportation Challenge in Reducing Greenhouse Gas Emissions

On October 10, 2017, California Governor Jerry Brown signed into law Senate Bill 150 (Allen), which aims to reduce greenhouse gas emissions by strengthening state…

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Recent Scientific Studies on Climate Change

Severe Turbulence on Flights May Increase Dramatically due to Climate Change Turbulence accounts for the majority of weather-related accidents on flights. Clear-air turbulence (CAT) occurs…

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No Vote Instead of Voting ‘No’—California First District Court of Appeal Affirms Rejection of Referendum on City’s Sale of Property for Hotel Project

Entitlement lawyers can toil for months if not years in getting a project lined up, application submitted, and approvals passed by the applicable local agency.…

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California First District Court of Appeal Upholds State Water Board’s Substitute Environmental Document For Maintaining Instream Flows In Coastal Streams

The First District Court of Appeal rejected a challenge to the State Water Resources Control Board’s (SWRCB) approval of a policy designed to maintain instream…

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U.S. Fish and Wildlife Service Completes Reinitiated Consultation on the 2008 Delta Smelt Biological Opinion and Associated Incidental Take for the 2017 Water Year

On September 27, the U.S. Fish and Wildlife Service (FWS) completed reinitiated consultation in relation to proposed modifications to Fall X2 for 2017 under §…

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SB 270—Nevada Water Right Holders to Report to the State by 2027, or Risk Losing Old Water Rights

The Nevada Legislature passed Senate Bill (SB) 270 during the 2017 legislative session to require water right holders with rights pre-dating state statutes to submit…

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California Governor Brown Signs Senate Bill 252 Into Law—Applications for Well Permits in Critically-Overdrafted Groundwater Basins Will Now Require Greater Transparency

On October 7, 2017, as regulatory oversight over sustainable groundwater management expands in Sacramento and across the state, Governor Brown signed Senate Bill (SB) 252…

Read More 2017-11-15