Decisions by school districts and colleges to build new schools or expand existing ones frequently lead to CEQA challenges from local cities. In the most recent of these conflicts to reach the court of appeal, the City of Maywood won confirmation that it was eligible to recover attorneys’ fees from a school district, but saw
September 2012
Court Upholds “Tributary Rule” But Leaves Open the Possibility of a Future Challenge
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 …
Annual Operating Plans for Dam Operation Do Not Require Environmental Reviews
The U.S. Bureau of Reclamation is required by federal law to prepare Annual Operating Plans for the Glen Canyon Dam on the Colorado River in northern Arizona. But, the Ninth Circuit ruled, it is not required to conduct an environmental review each time is prepares such a Plan. Grand Canyon Trust v. U.S. Bureau of …
Ninth Circuit Upholds Fish & Wildlife Service Regulations Against Environmentalists’ Challenge
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…