Remove category court-decisions
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The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” ” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. Supreme Court strikes down a rule covers any wetland or pond used by migratory birds.

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U.S. Supreme Court Issues Major Environmental Decision Narrowing the Scope of the Clean Water Act

The Energy Law Blog

Supreme Court decision in Sackett v. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. United States , 547 U.S.

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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

Sometimes the most monumental Supreme Court decisions spring from the most modest facts. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. The Court next examines state dredge and fill permitting authority under Section 404(g) of the CWA, 33 U.S.C.

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CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. The Court of Appeal reversed. Hilltop Group, Inc., County of San Diego, et al. 2024) Cal.App.5th. Hilltop Group appealed.

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“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood

CEQA Developments

In an opinion filed November 18, and later ordered published on December 5, 2002, the First District Court of Appeal (Div. The neighborhood association (SINA) sued, challenging the City’s CEQA exemption determinations and the project’s general plan and planning code consistency; the trial court denied its writ petition and SINA appealed.

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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. of Water Resources (2023) Cal.App.5th.

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Trump Administration Redefines Federally Protected Waters

Ohio Environmental Law

As a result, which waters were protected under the Clean Water Act was largely based a test that emerged from years of litigation in the courts. Following the 2006 decision by the U.S. Supreme Court in Rapanos v. Supreme Court’s 2006 Rapanos ruling. What waters are protected under the new rule?