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About Us:
Welcome to the S&W Environmental, Natural Resources, Oil and Gas Law Blog. This blog is a resource for the regulated community to stay current on new developments impacting the environmental, natural resources and energy sectors. It provides timely updates on a broad range of federal, state and local environmental topics — including proposed legislation and government rulemakings — that impact regulated industries throughout the southwest and the nation as a whole.
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Recent Posts
Fifth District Invalidates Fresno Senior Housing Project EIR For Inadequate Analysis Of Thresholds Of Significance
by Rick McNeil and Colin Higgins Respondent the County of Fresno authorized the development of an approximately 1,000 acre master planned retirement community in an area zoned agricultural in north-central Fresno County. The project was challenged as being inconsistent with … Continue reading
Tagged Air Quality, EIR, General Plan, Mitigation, Wastewater
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First District Court of Appeal Finds Citizen Group’s CEQA Challenge To College of San Mateo Upgrades Time Barred
by Rick McNeil and Colin Higgins In Citizens For A Green San Mateo, plaintiff (environment group) challenged the removal of more than 200 trees as part of upgrades to the College of San Mateo campus (“CSM”). Plaintiff filed a petition … Continue reading
Tagged CEQA, Statute of Limitations
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“CEQA-in-Reverse” Case Headed for the California Supreme Court
Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California Environmental Quality Act (CEQA). Rick McNeil, Jon Frank and Connie Bak discuss how … Continue reading
Tagged California Supreme Court, CEQA
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Second District Court of Appeal Rejects Conservation Group Challenge to EIR for Newhall Ranch Development
by Rick McNeil and Colin Higgins In Center for Biological Diversity, the California Department of Fish and Wildlife and the Army Corps of Engineers (“Department”) certified an EIR assessing the effects of a proposed conservation plan, resource management plan, streambed … Continue reading
Tagged Cultural Resources, EIR, Endangered Species Act, Mitigation, Project Alternatives, Water Quality
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Second District Court of Appeal Rejects City of Los Angeles’ Attempt to Require Tentative Tract Map or EIR for Benedict Canyon Luxury Home Development
by Rick McNeil and Colin Higgins In this case involving the interpretation of the Los Angeles Municipal Code and the Subdivision Map Act, Tower Lane Properties sought a grading permit from the City of Los Angeles for the construction of … Continue reading
Tagged Judicial Deference, Los Angeles Municipal Code, Subdivision Map Act
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New EPA Standard Provides Guidance for Phase I Investigations
In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the recently updated version of the … Continue reading
Tagged All Appropriate Inquiries Rule, ASTM, CERCLA, EPA
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First District Court of Appeal Finds CalTrans’ EIR Deficient For Failure To Properly Evaluate Impacts to Redwood Trees Adjacent to Highway 101
by Rick McNeil and Colin Higgins In Lotus, the California Department of Transportation (CalTrans) proposed to adjust and upgrade the roadway alignment of a one-mile stretch of Route 101 that passes through Richardson Grove State Park, home to 300 feet … Continue reading
Fifth District Court of Appeal Dismisses Citizen Group Challenge to Annexation Based on Procedural Irregularities
by Rick McNeil and Colin Higgins Protect Agricultural Land involved a CEQA and a “reverse validation” challenge to the approval by the Stanislaus County Local Agency Formation Commission (“LAFCO”) of the proposed annexation by the City of Ceres of approximately … Continue reading
Tagged CEQA, Excusable Neglect by Counsel, LAFCO, Reorganization Act, Reverse Validation Actions
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Fourth District Court of Appeal Rejects Citizen Group Spot Zoning Challenge to Orange County Senior Housing Project
by Rick McNeil and Colin Higgins The Foothill Communities case involved a “spot zoning” challenge to a senior residential housing project to be developed by the Roman Catholic Diocese of Orange. In this case, the trial court granted Foothill’s petition … Continue reading
Tagged Consistency With General Plan, First Amendment, Spot Zoning
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“Takings” Decision Raises State Law Questions
Originally published in the Los Angeles Daily Journal In a 5-4 decision authored by Justice Alito, the U.S. Supreme Court last week expanded the scope of private property right protections in a takings case which held that a local land … Continue reading
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