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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
California Supreme Court Invalidates EIR for Coastal Mixed-Use Development
by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court … Continue reading
Tagged Banning Ranch, CEQA, Coastal Act, EIR, environmentally sensitive habitat areas, ESHA, Newport Beach
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My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance
by Mark D. Johnson Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified California Environmental Quality Act (“CEQA”) … Continue reading
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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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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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
