Melissa Foster

Melissa Foster

Melissa Foster, a partner in Stoel Rives’ Environment, Land Use and Natural Resources group in its Sacramento office, focuses her practice on energy facility siting and environmental compliance and is an active member of the firm’s Energy Initiative. Her experience includes permitting natural gas-fired and solar energy facilities, as well as regulatory compliance and permitting involving water quality issues. She also has experience with CEQA, environmental and real property litigation.

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Court of Appeal Rules Challenge to Constitutionality of Power Plant Licensing Appeals Process is Ripe for Judicial Review

California’s process to challenge thermal power plants will likely be put to the judicial test in the coming years.  The California Court of Appeal has granted publication of its recent opinion in Communities for a Better Environment v. State Energy Resources Conservation and Development Commission, (Dec. 22, 2017, No. A141299) __Cal.App.5th __, which reverses the … Continue Reading

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 Industrial … Continue Reading

State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit

Today, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial Activities (“Industrial General Permit” or “Permit”).  The long-awaited third revised draft of the Industrial General Permit comes after two previous iterations of the draft … Continue Reading

State Water Resources Control Board Issues Section 401 Certification for Various Army Corps of Engineers’ Nationwide Permits

On April 19, 2012, the State Water Resources Control Board (“State Board”) certified 13 of 50 Nationwide Permits (“NWP”) published by the Army Corps of Engineers on February 21, 2012.  (77 Fed. Reg. 10184-01 (Feb. 21, 2012).)  On February 27, 2012, the State Board posted notice of the Corps’ application for 401 certification of the … Continue Reading

Another Challenge to the Avenal Energy Project’s PSD Permit

The Avenal Energy Project’s Prevention for Significant Deterioration (“PSD”) permit has long been the subject of review and legal challenges.  On November 3, 2011, the Sierra Club, Center for Biological Diversity, and Greenaction for Health and Environmental Justice filed a joint Petition for Review in the Ninth Circuit Court of Appeals challenging the permit.  Please … Continue Reading
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