Insight and Information for the Environmental & Natural Resource Industry
On November 15, 2013, the California Department of Conservation (“DOC”) published the notice of proposed rulemaking action regarding draft regulations for well stimulation. These proposed regulations will implement SB 4, which Governor Brown on September 20, 2013, and will become effective on January 1, 2014.
The draft regulations supplement the Division of Oil, Gas and…
Stoel Rives is a proud sponsor of California Land Use Law & Policy Conference, featuring partner Kristen Castaños, who will speak on “A View to the Future—Anticipated Legislation and Regulation Impacting Land Use.” Stay up to date on renewable energy permitting, SB 375 and “fracking” regulation under SB 4, among many other topics.
On December 11, 2013, Stoel Rives and BSK Associates will host a complimentary breakfast seminar in Bakersfield, CA to share observations and strategies for complying with SB 4. Breakfast will begin at 7:30 a.m., with the program beginning at 8:00 a.m.
The office of Jason Marshall, Deputy Director of the Department of Conservation, has confirmed…
On Wednesday, November 6, 2013, the Environmental Protection Agency (“EPA”) published a final rule in the Federal Register amending the Civil Monetary Penalty Inflation Adjustment Rule. This is required by the Debt Collection Improvement Act of 1996 (“DCIA”) in order to adjust civil monetary penalties for inflation. The DCIA sets out a four-step formula that…
Economists at California State University, Fresno recently published a study on the current and future economic impacts of oil production from the Monterey Shale Formation (MSF) in the San Joaquin Valley. The study was commissioned by the Western State Petroleum Association and responds to the need for a greater understanding of the petroleum industry’s…
Opposition is heating up against four offshore frac jobs permitted to occur off the Santa Barbara coastline. This year, the Bureau of Safety and Environmental Enforcement (“BSEE”) has permitted DCOR, LLC to utilize fracking technology to stimulate offshore wells. DCOR’s frac jobs, known as “mini-fracs,” were added to and approved under an already existing permit…
Efforts are already underway to implement SB 4, which was signed by Governor Jerry Brown on September 20, 2013 (see September 23, 2013 post). The California Department of Conservation (the “Department”) and its Division of Oil, Gas, and Geothermal Resources have begun developing draft regulations months before the law’s effective date of January 1, 2014. …
On September 27, 2013, Governor Brown signed Senate Bill 743, bringing to a close a legislative session full of surprises when it comes to CEQA reform. SB 743 paves the way for streamlined judicial review of the proposed new Sacramento Kings downtown arena and sets forth a few additional streamlining provisions under the California…
California Governor Jerry Brown signed SB 4 on Friday, September 20, 2013, establishing a permitting system for fracking of oil and gas wells. (See September 23, 2013 post.) The state, through the Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”), will be developing regulations to implement SB 4’s requirements. Despite its recent…
The Second District Court of Appeal has issued a decision in Comunidad en Accion v. Los Angeles City Council (case no. B240554 (Sept. 20, 2013), finding that the petitioner’s failure to timely request a hearing under the California Environmental Quality Act (“CEQA”) was excusable neglect. The Court of Appeal reversed the trial court’s ruling dismissing the petitioner’s suit on this basis.[1]
Comunidad en Accion challenged the City of Los Angeles’ approval of new and expanded solid waste facilities at the Bradley Landfill in Sun Valley, where the real party in interest, Waste Management, proposed building a new solid waste transfer station and expanded recycling and green waste processing facilities. Comunidad failed to comply with Public Resources Code section 21167.4 by filing a request for a hearing within 90 days of filing the lawsuit, however, and Waste Management filed a motion to dismiss on this basis shortly after the 90-day deadline ran.
The trial court granted the motion to dismiss Comunidad’s CEQA claims and denied its request for relief under Code of Civil Procedure section 473, which permits relief from dismissal due to mistake, inadvertence, surprise, or excusable neglect. Comunidad’s attorney averred that he had inadvertently omitted the 90-day hearing request from his personal calendaring system and that this mistake was compounded when he was out of state for two weeks prior to the deadline due to family illness. The trial court distinguished case precedent that found a calendaring error warranted discretionary relief under section 473, concluding that calendar shortcomings in the age of electronic litigation calendars, was not excusable neglect.
Upon review, the Court of Appeal reversed, finding that the trial court abused its discretion in denying Comunidad relief.
[1] In addition to the CEQA claims, Comunidad challenged the siting of the waste facilities under state antidiscrimination laws. On this issue, the Court of Appeal affirmed the trial court’s summary judgment in favor of the City.Continue Reading Second District Court of Appeal finds Failure to Request a CEQA Hearing within 90 Days is Excusable Neglect
