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California Land Use & Development Law Report Legal Commentary on Planning and Development

Monthly Archives: September 2012

Court Upholds “Tributary Rule” But Leaves Open the Possibility of a Future Challenge

Posted in Environmental Regulation

Background – Basins Plans, Beneficial Uses & the “Tributary Rule” The California Regional Water Quality Control Boards establish water quality standards under the Clean Water Act through the adoption of Basin Plans that identify the “beneficial uses” of the water bodies with their respective jurisdictions.  The problem is that it is not possible for the… Continue Reading

Ninth Circuit Upholds Fish & Wildlife Service Regulations Against Environmentalists’ Challenge

Posted in Endangered Species, Environmental Regulation, NEPA

The Chukchi Sea off the North Slope of Alaska is a promising place for oil and gas development.  But it’s also home to polar bears and walruses.  This clash of interests led to a lawsuit by two environmental groups against the Fish & Wildlife Service, decided by the Ninth Circuit in the Service’s – and… Continue Reading