I should start writing a regular segment titled “On the Chopping Block this Week.” While Congress’ hands seem to be tied, the President surely doesn’t have the same problem with overturning policies from the Obama Administration. This week was no exception, with the release of Trump’s Executive Order on Energy Independence and Interior Secretary Zinke’s … Continue Reading
Newton’s Third Law apparently not only applies in physics, but in politics as well. Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal environmental protections by President Trump and the GOP-controlled U.S. Congress. The package included California State Senate Bill 49, aka the “California Environmental Defense … Continue Reading
By Wes Miliband and Shannon Morrissey on Posted in ESA,Water
In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”) was arbitrary and capricious because the National Marine Fisheries Service (“NMFS”) failed to adequately consider the effects of climate change. This case … Continue Reading
El Niño has recently brought lots of rain to California, but it’s not quite time to start loading the animals two-by-two. However, the California Fish and Game Commission (Commission) did its part yesterday to save a potentially imperiled species by designating the Humboldt marten as a candidate species under the California Endangered Species Act (California … Continue Reading
Welcome to the New Year! I have decided to declare 2016 to be the year of the endangered species. Why? We ended 2015 with a bang by seeing how serious the take prohibition in the California Fish and Game Code can be for fully protected species. Plus, we saw just how low the bar can go for listing … Continue Reading
Looks like Christmas came early, again, for the Center for Biological Diversity (CBD). Based on a petition submitted by CBD, the California Fish and Game Commission voted earlier this month to designate the tricolored blackbird as a candidate species under the California Endangered Species Act (ESA). The tricolored blackbird now enjoys the same legal protections, … Continue Reading
While many of us were busy hitting refresh for those great Cyber Monday deals, the California Supreme Court quietly issued its decision on the Newhall Ranch project. In a decision reminiscent of the snail darter era, the Court held that “fully protected fish” are just that — fully protected under California law from all forms … Continue Reading
On June 12, the State Water Board issued a notice of “unavailability of water” and the “need for immediate curtailment” from various water users holding pre-1914 water rights. Less than two weeks later on June 23, lawyers for the State Water Board reportedly stated in court this curtailment notice is advisory only, which would seem to … Continue Reading
On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual plans to “substantially divert” water, even when the legal right to use the water was previously established. (Siskiyou County Farm … Continue Reading
On January 26, the U.S. Fish and Wildlife Service (“USFWS”) issued a letter to the California High-Speed Rail Authority (the “Authority”) that found that the Authority’s contractors are not in compliance with the Authority’s original environmental commitments to the USFWS in performing the preliminary work on the first segment of the high-speed rail project (the … Continue Reading
Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California Environmental Quality Act (CEQA) and California Endangered Species Act (CESA) issues. The opinion also provides a useful (although unpublished) discussion on how … Continue Reading
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 … Continue Reading
In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s (“Department”) certification of an environmental impact statement and report (“EIR”) was “not supported by substantial evidence.” In … Continue Reading
Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for the California Environmental Protection Agency, including $3.1 billion in State funds and $54 million from the General Fund. Proposed funding of CalEPA programs include: $850 million … Continue Reading
California has two more laws in place to help facilitate development of renewable energy projects after Governor Brown signed Senate Bill 267 and Senate Bill 618 over the weekend. SB 267 modifies the existing requirements to prepare a water supply assessment for projects that meet certain size thresholds. Under the new law, a photovoltaic or … Continue Reading
Together with Peter Finie of Vulcan Materials Company, I will be making a very informative presentation on California property taxes at the upcoming California Construction and Industrial Materials Association’s (CalCIMA) 2011 Education Conference in Monterey. Our presentation, “Are Your Taxes Too High?,” will examine a number of property tax issues from an operator’s perspective, as … Continue Reading
The Office of Mine Reclamation has the authority under Public Resources Code Section 2717 (the AB 3098 list) to list or delist a mine from its list of “good mines.” This authority can have an enormous impact on a mine’s ability to sell to public agencies, which is a critical status in an economic environment … Continue Reading
Effective July 29, 2011 the California Office of Environmental Health Hazard Assessment (OEHHA) added sulfur dioxide (CAS. No. 7446-090-05) to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity. Sulfur dioxide is found in numerous products including food and beverages. Proposition 65 is the statute that requires notification by manufacturers of … Continue Reading
