In Roberson v. City of Rialto, No. E058187 (Cal. Ct. App. 4th Dist., May 21, 2014), the Fourth Appellate District affirmed the trial court’s judgment, upholding several project approvals for a new commercial retail center in the City of Rialto (City), including a Wal-Mart supercenter. The appellate court denied Roberson’s petition for writ of
Ryan Waterman
Ryan Waterman represents clients through all phases of the land use entitlement process and CEQA/NEPA environmental review and defends approvals against litigation in the trial and appellate courts. He is proficient in California's water supply sufficiency laws (SB 221/SB 610) and counsels clients before the State and Regional Water Boards on water quality, groundwater, industrial storm water permitting and construction storm water permitting, and site cleanup matters involving the Clean Water Act, Porter-Cologne Act and CERCLA, including developing policy issues. In addition, Ryan offers strategic advice on the California Global Warming Solutions Act (AB 32) and specializes in the state's cap-and-trade regulatory regime. He also represents clients on a range of administrative environmental compliance matters before air and water boards.
CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements
In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water Districts) conclusion that their approval of the 2012 interim renewal contracts with the U.S. Bureau of Reclamation (Bureau) for Central Valley Project (CVP) water was statutorily and categorically exempt from CEQA. We consider the historical context of the Water Districts’ contracts along with the significance of the Court’s ruling below.Continue Reading CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements
San Mateo Tree Removal Suit Felled by CEQA Statute of Limitations
In Citizens for a Green San Mateo v. San Mateo Cnty. Comm. College Dist. et al., No. A137612 (Cal. Ct. App. 1st Dist., June 17, 2014), the First District Court of Appeal reversed the trial court’s decision and found that a lawsuit filed by Citizens for a Green San Mateo (“Citizens”) against the San…
New Critical Habitat Regulations for Endangered Species Act Proposed
The U.S. Fish and Wildlife Service and National Marine Fisheries Service (jointly, the “Services”) recently issued several interrelated proposals that address how critical habitat would be designated under the Endangered Species Act (“ESA”).
The Legal Alert analyzing the Services’ proposals, prepared by our colleagues Barbara Craig, Jeff Leppo, Ryan Steen, and Corinna McMackin, is available
California’s Nine Energy Policy Goals with 2020 Target Date
By Ryan R. Waterman, Parissa Ebrahimzadeh
What does California have planned for the year 2020? An ambitious collection of energy related goals. Stoel Rives attorneys Ryan Waterman and Parissa Ebrahimzadeh explore nine California energy policy goals in an article entitled “California’s “Magic” Number: Nine Goals for 2020 and Where We May Go From There,” published…
“Late Hit” Document Dump CEQA Reform Proposed by SB 1451
At one time or another, in almost every jurisdiction around the state, on the day before an important project land use hearing, an opponent of the project has submitted a lengthy comment letter (often accompanied by voluminous attachments) alleging that the environmental analysis does not comply with the California Environmental Quality Act (CEQA). The lead…
Ten Things To Know About California’s New Industrial Storm Water Permit
On April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State Board.
The federal Clean Water Act prohibits certain discharges of storm…
City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act
In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City business sent or received by a City of San Jose official (here, the mayor, council members, and…
BREAKING: California’s General Industrial Storm Water Permit Slated For Adoption on April 1, 2014
Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit in place since 1997.
The Draft…
No Supplemental EIR Required Where Previous EIR Analyzed Environmental Effects
In Latinos Unidos de Napa v. City of Napa, the First Appellate District affirmed the City of Napa’s determination that it need not prepare an EIR to analyze revisions to the City’s housing element of its general plan because the environmental effects had previously been analyzed in a 1998 Program EIR.
Latinos Unidos de…
City Council, Not Planning Commission, Must Certify EIR Where Council Approves Project
In California Clean Energy Committee v. City of San Jose, the Sixth District Court of Appeal recently held that the City Council of the City of San Jose (“City”), not the Planning Commission, was required to certify an EIR for the City’s general plan update because the City Council held the power to approve…