As previously reported by my colleagues Ryan Waterman and Parissa Ebrahimzadeh, on April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State…

The California State Bar, Environmental Law Section hosts an annual conference which welcomes attorneys and students from across the state to learn and discuss cutting edge environmental law issues.  This year’s Environmental Law Conference at Yosemite featured an insightful panel on hydraulic fracturing regulation.  The panel, held on Sunday, October 19, was titled “Recent Developments in the Regulation of Fracking at the Federal, State, and Local Level.”  The four panelists each shared their experience and differing viewpoints in relation to their law practice.

Kassie Siegel, Senior Counsel at the Center for Biological Diversity, focused on hydraulic fracturing regulation at the federal level.  She noted the lack of meaningful federal regulations and pointed out that fracking is exempt from several federal laws including the Clean Water Act, Toxic Substances Control Act, and the Resource Conservation and Recovery Act.  Thus, fracking is not highly regulated by federal agencies and currently depends more on state and local oversight.Continue Reading State Bar, Environmental Law Section Presents Update on Fracking Regulations

James Andrew, Assistant Chief Counsel for the California High-Speed Rail Authority (“CHSRA”), spoke Tuesday, October 14, at the Sacramento County Bar Association, Environmental Law Section Luncheon.  He stated that High-Speed Rail (“HSR”) is a “transformative project” in that it will be the largest infrastructure project ever built as one single project.  However, the “regulatory scheme has not caught up with the project.”  Andrew compares HSR to the federal highway system construction in the 1950s, with countless opponents and regulatory hurdles.  Similarly, HSR is being constructed in California in the same manner as the federal highway system:  in the center and branching outward.

To show that HSR can be a success, Andrew explained that HSR is comparable to the Northeast Corridor, a high speed rail system that runs from Washington, D.C. to Boston.  The two regions are similar in terms of distance of rail, population, and complexity of issues.  According to reports, over 11 million people rode the Northeast Corridor during 2012.Continue Reading Update on the California High Speed Rail System

Dear California Environmental Law Blog readers. We launched this blog in 2011 to help us keep you informed about developing environmental stories that impact the California business community. While our commitment to keep you informed hasn’t changed, technology has. More than three years ago, we were still operating in a desktop- and RSS-dominated world. Today,…

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA).  AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a tribal cultural resource is a significant impact under CEQA.  AB 1104 extends an existing CEQA exemption for certain pipeline projects to biogas…

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014)

In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment and writ of mandate, finding that the City of Fresno’s Municipal Code did not delegate authority to its Historic Preservation Commission (HPC) to approve CEQA documents, including the Mitigated Negative Declaration (MND) at issue. The Fifth District also upheld the trial court’s holding that the substantial evidence standard, not the fair argument standard, governs review of decisions regarding designation of historic resources.

The Project, a small 1.29 acre residential infill development in downtown Fresno, required demolition of two homes—one of which was previously designated a “Heritage Property” under the Municipal Code—necessitating a demolition permit from the HPC. In concert with its approval of the demolition permits, the HPC also reviewed and approved the Project MND, concluding that demolition of the two homes would not cause a substantial adverse change in the significance of an historical resource. Citizens for the Restoration of L Street (“Citizens”), a local association, appealed the HPC’s adoption of the MND. The City Council heard Citizens’ appeal, and passed a motion: (1) upholding the HPC’s finding that neither of the two homes was an historical resource under CEQA; (2) electing not to exercise its discretion to designate the homes historical, or the Project area an historical district; and (3) upholding the HPC’s approval of the CEQA findings and MND. Shortly thereafter, both homes were demolished.Continue Reading Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

SB 1096 (Jackson), which sought to foreclose the possibility of oil drilling in state waters from wells that could be drilled at Vandenberg Air Force Base, was defeated in the Assembly on Tuesday.  Pursuant to the Legislature’s summary of the bill, the California Coastal Sanctuary Act of 1994 authorizes the California State Lands Commission (SLC)…

SB-1281 faced strong industry opposition due to the bill’s requirement that oil and gas drilling companies use recycled water for new operations during drought emergencies.  Industry representatives have stated that such requirements would violate the California constitution and other laws.  In response, the bill’s author, Senator Fran Pavley, last week agreed to amendments, which removed…

The end of the 2013-2014 legislative session is coming to a close.  Below are key deadlines for the Legislature and Governor:

  • August 15 was the last day for fiscal committees to meet and report bills to the Floor.
  • August 18-31 Floor Session only – no committees, other than conference committees and Rules committee, may meet for any purpose.
  • August 22 is the last day to amend bills on the Floor.
  • August 31 is the last day for each house to pass bills.
  • All bills passed by the Legislature by September 1, 2014 must be signed or vetoed by the Governor on or before September 30, 2014.

Below you will find summaries of each piece of oil and gas-related legislation, with an updated status for each bill. Stoel Rives has a dedicated team of professionals that will continue to track these bills.Continue Reading Updated Status of Oil and Gas-related Bills in California’s Legislature

SB-1281 was amended in the Assembly Committee on Appropriations on August 4, 2014.  A scheduled hearing on August 6 was postponed and held on suspense under Joint Rule 62(a).  As of this writing, a hearing has not yet been rescheduled. 

The following provides a snapshot of the proposed text of SB-1281:

  • Requires the use, or

…

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