The U.S. Army Corps of Engineers (USACE) issued a new engineering circular (EC 1165-2-216) to provide policy and guidance for processing requests to alter USACE civil works projects pursuant to 33 U.S.C. section 408. This new circular collects existing guidance from several informal documents, codifies USACE practice from some USACE Districts that process many 408
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COURT FINDS PROGRAMMATIC EIR FOR RETAIL DEVELOPMENT INCLUDED INADQUATE ANALYSIS OF URBAN DECAY AND ENERGY IMPACTS
In an unpublished opinion, California Clean Energy Committee v. City of Woodland, 2014 Cal. App. Unpub. LEXIS 1481, the Third District Court of Appeal reversed the trial court’s denial of a petition for writ of mandate to vacate the City of Woodland’s certification of an EIR for a regional shopping center.
In 2007, a…
Court Turns Tide in Favor of Desalination Plant – Holds Ample Substantial Evidence Supports the Project’s EIR
Almost four years after the Marin Municipal Water District (MMWD) certified an environmental impact report (EIR) and approved a five million gallon a day desalination plant project, the Court of Appeal, First District, in a published opinion (N. Coast Rivers Alliance v. Marin Mun. Water Dist. Bd. of Dirs. (2013) 2013 Cal.App.LEXIS 401), reversed the…
Court Finds CEQA Challenge Not Worth its Weight in Sand
In Save Cuyama Valley v. County of Santa Barbara (Jan. 10, 2013) 2013 Cal.App.LEXIS 212, the Sixth District Court of Appeal issued a decision upholding the trial court’s denial of Save Cuyama Valley’s (Save Cuyama) petition for a writ of mandate against the County of Santa Barbara (County). Save Cuyama contended that the Environmental Impact…
EIR Found Deficient With Regard to Water Supply Impacts and Deferred Butterfly Mitigation
In Preserve Wild Santee v. City of Santee (2012) 2012 Cal. App. LEXIS 1091, petitioners challenged the City of Santee’s (City) certification of a final environmental impact report (EIR) for a development project in the City, claiming the project violated the California Environmental Quality Act (CEQA) in several ways. The trial court found merit in…
The Sacketts will have their day in Court to Challenge an EPA Compliance Order
In a unanimous decision, the U.S. Supreme Court overturned the lower courts’ ruling and held that Michael and Chantell Sackett, Petitioners, may bring a civil action under the Administrative Procedure Act (APA) to challenge the Environmental Protection Agency’s (EPA) issuance of an administrative compliance order for alleged violation of Section 309 of the Clean Water…