In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City business sent or received by a City of San Jose official (here, the mayor, council members, and…

In his SB 4 signing message (see September 20, 2013 post), Governor Brown promised certain “clarifying” amendments for SB 4, and his administration has begun the process of seeking those amendments.

Governor Brown’s proposed legislation would amend SB 4 in three major categories:

Permanent Regulations

  • DOGGR’s deadline for draft permanent regulations will be

…

The City Council of Carson, California has unanimously (by 5-0 vote) approved a moratorium on all new oil and gas drilling within its city limits.  The moratorium is set to last 45 days for now, and the City Council will consider a one-year ban on any new drilling after those 45 days are up.

The reasoning…

Last Friday, the Office of Environmental Health Hazard Assessment (OEHHA) issued a detailed pre-regulatory proposal that, if adopted, would result in significant changes to the warning requirements for Proposition 65.  For additional information, please see our Alert, which provides a summary of the proposed key modifications:  http://www.stoel.com/showalert.aspx?Show=11237

It was only a matter of time before a city banned hydraulic fracturing in California – a “home rule” state, where cities and localities are permitted by constitutional amendment to enact and enforce their own zoning laws as they see fit, so long as those laws stay within the bounds of state and federal constitutions.…

A new deputy district supervisor for District 4 of the Department of Oil, Gas & Geothermal Resources (“DOGGR”) will take the helm on May 1 of this year. Dan Wermiel – a geologist and  previously DOGGR’s technical program manager – will head the Bakersfield district office in Kern County.

As with all new leadership changes…

The California Assemblymembers who sought a moratorium on all well stimulation activities early last year (vis-à-vis failed bills AB 1301, AB 1323, and AB 649) are seeking yet another moratorium, this time by amending SB 4, which went into effect on January 1, 2014 (and which we have extensively analyzed – see…

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents.  This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit in place since 1997.

The Draft…

This week, Consumer Advocacy Group (CAG), a non-profit organization that files numerous Proposition 65 (Prop 65) lawsuits each year, issued notices of violation alleging that 15 companies violated California law by selling rice containing arsenic (and in some instances, lead) without a Prop 65 warning.  The notices targeted a wide a range of companies, from small family-owned rice producers, to regional grocery chains and cooperatives. The same organization, CAG, issued a handful of similar notices to other companies in late 2013, also alleging the presence of arsenic in rice products sold in California without a Prop 65 warning.Continue Reading New Wave of Prop 65 Notices Target Rice Industry

In Trisha Lee Lotus v. Caltrans (Jan. 30, 2014), the First District Court of Appeal reversed a Humboldt County Superior Court decision, and ruled that a California Department of Transportation (Caltrans) environmental impact report (EIR) failed to adequately analyze the significance of the project’s impacts to old-growth redwood root systems in a state park.

Caltrans prepared the EIR for the realignment of a 1-mile segment of U.S. Route 101 that passes through Richardson Grove State Park, which is home to old growth California redwoods.  The project’s goal is to accommodate standard-sized trucks that have been restricted from using the road due to its size and configuration.  Petitioners-appellants, including the Environmental Protection Information Center, the Center for Biological Diversity, and Californians for Alternatives to Toxics (jointly, “Lotus”), challenged the adequacy of the EIR on several grounds, and won on appeal on one issue.Continue Reading Caltrans EIR Analysis of Impacts to Redwoods Found Inadequate

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Few firms view their Environment, Land Use, and Natural Resources practices as core legal services. Stoel Rives is one of them. The firm ranks #8 in the United States according to Law360’s list of the largest practices of its kind. Our sophisticated compliance counseling, permitting, regulatory development, and litigation practices continue a long tradition of specialization and deep experience. Our environment, land use, and natural resource attorneys incorporate prior agency experience, technical acumen, and industry knowledge into their legal advice. They also build strong relationships with agency officials and industry associations. Our litigation successes include landmark decisions. More than 60 attorneys, paralegals, and compliance analysts comprise Stoel Rives’ nationwide Environment, Land Use & Natural Resources practice.