Melissa Foster focuses her practice on environmental compliance and energy facility siting. Her experience includes permitting natural gas-fired and solar energy facilities, as well as regulatory compliance and permitting involving water quality issues. She also routinely conducts environmental due diligence for project acquisitions and project financing. A partner in the Stoel Rives Environment, Land Use and Natural Resources group, Melissa was listed among Rising Stars in the Energy & Natural Resources practice area by Northern California Super Lawyers® for 2013.
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
As previously reported by my colleagues Ryan Waterman and Parissa Ebrahimzadeh, 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. … Continue Reading
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
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
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
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