Wetlands: CEQA's Limits

From Baird to Ballona Wetlands: CEQA’s logical limits December 14, 2011 by Arthur Coon It’s a common error in logic to suppose that because two things are in spatial or temporal proximity, one must be the cause of the other – a confusion of cause and affect.  A line of CEQA cases – beginning with […]

Federal Appeals Court Upholds Army Corps' Economic Analysis for Issuance of Wetlands Permit

Thank you to Perkins Coie for providing this important U.S. District Court decision.Update_11-12-19_Federal Appeals Court Upholds Army Corps’ Economic Analysis

Feds Propose Policy to Modify Implementation of ESA

The public is invited to comment on the policy, proposed by the Interior Department’s U.S. Fish and Wildlife Service (FWS) and NOAA’s National Marine Fisheries Service (NOAA Fisheries), the two federal agencies responsible for administering the Endangered Species Act (ESA). Comments will be accepted for the next 60 days.  Read the entire article on the […]

State Water Board Releases Final Guidance for Complying with Water Diversion Measurement Requirements for Statement Holders

December 15, 2011 This document provides guidance on how to comply with the water diversion measurement requirements under the California Water Code for diverters of water who file Statements of Water Diversion and Use (Statement). According to the State Water Resources Control Board’s (State Water Board) records, you filed a Statement or requested notification of […]

Important California Water Provisions in Omnibus Appropriations Bill

December 16, 2011 The giant omnibus appropriations bill funding the federal government for Fiscal Year 2012 contains a total of $915 billion in discretionary funding for federal agencies.  Read the full article here.

ENS Weekly Washington Update 12/16/11

Read the ENS Weekly Update 12-16-2011

S.F. planners OK impact report on America's Cup

December 16, 2011, SF Gate The America’s Cup is set to descend on San Francisco beginning next summer – but a crew of opponents is threatening to knock it off course. In the year since the city was chosen to host the world-famous regatta in 2012 and 2013, organizers have raced to finalize plans. The […]

U.S. Army Corps of Engineers DELTA NEWS December 2011

 Access the Delta_News_Issue69.

House filed Omnibus Spending Bill H.R. 3671

December 14, 2011, The House filed omnibus spending bill H.R. 3671.  The bill essentially funds federal agencies through September 30, 2012 once signed into law later this week.  Omnibus Bill HR 3671 for the section of H.R. 3671 dealing with the Corps and the USBR.

California Court Rules That an EIR Need Not Evaluate the Impact of Sea Level Rise on a Project

California’s Second District Court of Appeal has held that an Environmental Impact Report need not evaluate the impacts of potential sea level rise on a project or the project’s occupants.  The ruling addressed provisions of the Guidelines implementing the California Environmental Quality Act (CEQA), including provisions of the CEQA checklist questionnaire that is used by […]