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The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

A footnote explains that this category includes “”all other waters of the United States that could be regulated under the federal government’s Constitutional powers to regulate and protect interstate commerce.” President George H.W. Bush promises ‘no net loss of wetlands.” In SWANCC v. In Rapanos v. In Sackett v.

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

E2 Law Blog

Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. 715 (2006), and embraced ever since in a series of rulemakings and jurisdictional determinations by the EPA and the U.S. EPA , 598 U.S. United States , 547 U. at (slip op.

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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. The Navigable Waters Rule covers four categories of waters: The territorial seas and traditional navigable waters (i.e. What’s next?

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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

2006) 141 Cal.App.4th 2006) 139 Cal.App.4th The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, construction, management, title insurance, environmental law, and redevelopment and land use. 4th 677, 693-694.).

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

CEQA Developments

Factual and Procedural Background This case’s remarkably extensive litigation history has resulted in no fewer than four published decisions, three from the Third District and one from the California Supreme Court (aka “SCOCA”). (Of But due to litigation, the opinions were not final or operative at the time the EIR was certified.

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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

Located in a steep valley directly west of Interstate 15, the Project site is also located adjacent to parcels of land zoned “semi-rural residential” and in proximity to a number of residential communities, which resulted in strong public opposition to the Project ultimately leading to litigation. City of Turlock (2006) 138 Cal.App.4th

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Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects

CEQA Developments

The central focus of the claims raised in the litigation were the transformers, required for every 8 to 14 homes, which are green boxes, roughly 3 feet cubed, placed on short concrete 4’ by 4’ pads. The Litigation. City of Lodi (2006) 144 Cal.App.4th County of Ventura (1979) 24 Cal.3d

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