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

In Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (filed January 28, 2014) (“Protect Agricultural Land”), the Fifth District Court of Appeal affirmed judgment on the pleadings in favor of the Stanislaus County Local Agency Formation Commission (“LAFCO”), and squarely held that all “lawsuits seeking to set aside a LAFCO approval…

Most of the media has been consumed with talk of a proposed severance tax on oil and gas production, but meanwhile in Sacramento another tax on oil and gas production is being poised to take effect — funding requests to implement SB 4.  The State Water Resources Control Board (“SWRCB”) is asking for more than…

Environmental groups will have to wait to challenge hydraulic fracturing activities in the state of California until the Division of Oil, Gas, and Geothermal Resources (“DOGGR”)  issues its permanent regulations in 2015.  This is according to Alameda County Judge Evelio Grillo, who on January 17, 2014, granted a motion to dismiss a challenge brought by…

In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration (“MND”) for a residential infill project. The court found no Environmental Impact Report (“EIR”) was necessary because the expert opinion…

Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending.  The Governor’s budget provides $3.6 billion in funding for the California Environmental Protection Agency, including $3.1 billion in State funds and $54 million from the General Fund.  Proposed funding of CalEPA programs include:

  •  $850 million

…

Stoel Rives has issued a new client alert detailing provisions added to the draft emergency regulations issued by the Division of Oil, Gas, & Geothermal Resources (“DOGGR”) on December 11, 2013 (for more information on the draft emergency regulations see the December 12, 2013 and December 23, 2013 posts).

Those regulations – and the new…

Senator Mary Landrieu (D-LA) is likely to become the chair of the Senate Energy and Natural Resources Committee (the “Committee”) in early 2014, replacing current panel chairman Senator Ron Wyden (D-OR).  Many consider Landrieu’s assent to chair as a positive outcome for the oil and gas industry.  For example, Landrieu supports the development of liquefied…

California’s Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) is moving full-steam ahead in its implementation of SB 4 with its most recent circulation of the SB 4 Interim Well Stimulation Treatment Regulations (“Interim Regulations”).  Granted emergency regulatory authority in Pub. Res. Code § 3161(b)(6) (also known as SB 4), DOGGR has…

On December 11, 2013, the DOC proposed an emergency rulemaking to implement interim provisions of SB 4.  Public Resources Code section 3161, part of SB 4, provides for an interim grace period from the permitting requirement of SB 4 until SB 4’s regulations are effective.  Section 3161 also provides for DOC’s Division of Oil, Gas…

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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.