California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens V. San Mateo County (Case No. S214061)

On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that applies when a lead agency decides that changes or additions to a previously approved project can be treated as a modified version of the original project instead of as an entirely new project. 

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Fourth District Rejects CEQA Challenges to Large Mojave Desert Groundwater Pumping Project in Separate Published Opinions

By | CEQA Developments | May 11, 2016

In two opinions filed May 10, 2016 (one partially and the other fully published), the Fourth District Court of Appeal rejected a number of CEQA and other challenges to a project proposing to pump 50,000 acre-feet of groundwater per year for a 50-year period from a Mojave Desert aquifer in the County of San Bernardino (“Project”).

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Canada Announces Unqualified Support for UNDRIP – Suggests the Crown’s Duties of Meaningful Consultation and Accommodation Serve to Fulfil the Principles of “free, Prior and Informed Consent”

By | Canadian ERA Perspectives | May 11, 2016

On May 10, 2016, the federal Minister of Indigenous and Northern Affairs, Hon. Carolyn Bennett, announced Canada’s latest position statement on the United Nation Declaration on the Rights of Indigenous Peoples (the Declaration).

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Fish and Wildlife Service Supports Renewable Developers and Proposes Revised Eagle Incidental Take Permit Reviving 30-Year Duration

Fish and Wildlife Service Supports Renewable Developers and Proposes Revised Eagle Incidental Take Permit Reviving 30-Year Duration

On May 4, 2016, the United States Fish and Wildlife Service (FWS) released a draft rule and Programmatic Environmental Impact Statement (PEIS) analyzing the impact of the proposed rule on eagles, and extending the duration of permits from 5 years to up to 30 years.

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Environmentalists Sue EPA to Force Update of Drilling Waste Regulations

By | Mineral Law | May 10, 2016
Environmentalists Sue EPA to Force Update of Drilling Waste Regulations

On May 4, 2016, a coalition of environmental organizations (“Plaintiffs”) filed suit against the U.S. Environmental Protection (“EPA”) in U.S. District Court for the District of Columbia to compel the EPA to promulgate revised regulations and guidelines for the disposal, storage, transportation, and handling of oil and gas wastes.

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