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About this Blog

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.

Introducing the Snell & Wilmer Environmental & Natural Resources Blog

The Snell & Wilmer Natural Resources, Environmental, and Energy Group is pleased to announce the launch of its new S&W Environmental & Natural Resources blog. This blog is another tool for the regulated community to stay current on the most recent developments in the environmental, natural resources, and energy sectors. Snell & Wilmer’s environmental and […]

| 2 min read
CC

California Water Law Update

By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control Board has passed emergency regulations that will directly affect water districts and users. And […]

Project Built at Variance With EIR Subject to Late CEQA Lawsuit

By:  Sean M. Sherlock Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination.  But a recent Court of Appeal decision illustrates how a project may remain subject to CEQA litigation […]

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CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

  By:  Katherine A. McKitterick and Sean M. Sherlock On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR).  As of the date of this blog post, this case is unpublished.  Therefore, this case does not […]

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Coastal Commission Public Access Condition Held Invalid

By:  Sean M. Sherlock On October 23, 2014, the California Court of Appeal invalidated a coastal development permit condition requiring a property owner to dedicate an easement for public access across her property.  The case relied in part on U.S. Supreme Court decisions in the Nollan and Dolan cases, but was primarily based upon the […]

Legislature Expands CEQA to Require Tribal Consultation

By Sean M. Sherlock and Brian Daluiso On September 25, 2014, Governor Edmund G. Brown, Jr., signed Assembly Bill No. 52 (“AB 52”) into law. The new law expands the California Environmental Quality Act (“CEQA”) to provide that any public or private “project with an effect that may cause a substantial adverse change in the […]

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BD
Former Associate

Governor of California Is Not a “Public Agency” Under CEQA

By Sean M. Sherlock and Brian A. Daluiso The North Fork Rancheria of Mono Indians (“North Fork Tribe”) is a federally recognized Indian tribe that wants to develop a casino near the City of Madera, approximately 40 miles from the tribe’s existing Rancheria. To do this, the North Fork Tribe needs the U.S. Secretary of […]

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BD
Former Associate

Time to Dust Off California Water Law On Development Moratoria

by Sean M. Sherlock and Katherine McKitterick As the California drought continues, the state’s need for a solution intensifies.  Last month Governor Brown signed into law a series of bills creating a new regulatory program for groundwater extraction.  In November, the electorate will vote on Proposition 1, a $7.5 billion bond issuance for state water […]

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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 the general plan and the project’s EIR was challenged as providing insufficient detail regarding the […]

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RM
Former Partner