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HTMLSupreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review. The Supreme Court previously held, in its 2012 Sackett opinion, that an...

 

HTMLPreexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption
Micah D. Bobo, James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA categorical exemption, a state Court of Appeal has held. In...

 

HTMLConveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 15, 2013, previously published on January 10, 2013
The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation, the Supreme Court held in an opinion filed January...

 

HTMLZoning Director Approval Triggers Section 65009 Statute of Limitations
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 3, 2012, previously published on November 29, 2012
A letter of approval finding a project consistent with a City’s Master Development Plan triggers the running of the 90-day statute of limitations under Government Code subsection 65009(c)(1)(E), the Third District Court of Appeal has held. Stockton Citizens for Sensible Planning v. City of...

 

HTMLSupreme Court Holds EPA Compliance Order Asserting Clean Water Act Jurisdiction Is Subject to Judicial Review
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 29, 2012, previously published on March 28, 2012
Private property owners are entitled to immediate judicial review of Environmental Protection Agency compliance orders that seek to regulate their property under the federal Clean Water Act ("CWA"), the Supreme Court unanimously held last week. The Court's much anticipated decision in...

 

HTMLNew And Revised Nationwide Permits For Dredge And Fill Activities
S. Keith Garner, Alexander L. Merritt, James Rusk, Robert J. Uram; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 23, 2012, previously published on February 22, 2012
The Army Corps of Engineers last week released new and revised Nationwide Permits for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. Nationwide Permits provide streamlined authorization for dredge and fill...

 

HTMLCourt Clarifies Mitigation Requirements for Impacts to Historical Resources, Reaffirms Use of Existing Conditions as Analytical Baseline
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 28, 2011, previously published on September 27, 2011
The Court of Appeal for the Fifth Appellate District of California held this month that the Environmental Impact Report for the Tesoro Viejo mixed use development project in southeastern Madera County failed to comply with the California Environmental Quality Act. The court's opinion articulates a...

 

HTMLCalifornia Legislature Passes Bills to Expedite Judicial Review of CEQA Challenges for Selected Projects
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 21, 2011, previously published on September 14, 2011
The California Legislature last week passed two bills that would expedite judicial review of challenges to certain large development projects under the California Environmental Quality Act (CEQA). The first, SB 292 (Simitian), applies only to the proposed development of a new NFL football stadium...

 

HTML9th Circuit Upholds Critical Habitat Designation for Mexican Spotted Owl
Alex Merritt, James F. Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 30, 2010, previously published on June 22, 2010
The Ninth Circuit Court of Appeals this month decided two key issues related to the designation of critical habitat for species protected under the Endangered Species Act ("ESA"): (1) what constitutes an "occupied" area for purposes of designating critical habitat; and (2) the...

 

HTMLEPA Proposes 'Veto' Of Section 404 Permit for Mountaintop Removal Coal Mining Project in West Virginia
James F. Rusk; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 6, 2010, previously published on April 30, 2010
The U.S. Environmental Protection Agency ("EPA") has proposed to rescind the Clean Water Act ("CWA") section 404 permit for a controversial mountaintop removal coal mining project in West Virginia, more than three years after the U.S. Army Corps of Engineers ("Corps")...

 


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