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New Guidance Narrows Federal Regulation Of Some Wetlands, Streams And Ditches
On June 5, 2007, the U.S. EPA and United States Army Corps of Engineers (Corps) issued their long-awaited guidance on the scope of regulation under the Clean Water Act, based on the Supreme Court's June 2006 decisions in Rapanos v. United States and Carabell v. United States.
United States
12 Jun 2007
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More Than An Inconvenient Truth: Making Sense Of The California Global Warming Solutions Act Of 2006
On August 30, 2006, Governor Schwarzenegger announced that he had reached an "historical agreement" with the California Legislature to create a new regulatory regime to combat global warming. The deal will lead to the enactment of AB 32, a bill introduced by Assembly Speaker Fabian Nunez and Member Fran Pavley.
United States
 
5 Sep 2006
3
Ninth Circuit Upholds Service’s Issuance of an Incidental Take Statement for a California "Fully Protected Species"
In a very significant decision, the Ninth Circuit Court of Appeals has held that the U.S. Fish and Wildlife Service may authorize the incidental take of species under federal law that are "fully protected" under California law. This decision resolves a long-standing question whether the Service may authorize such take in light of language in the Service’s regulations allowing incidental take that results from "an otherwise lawful activity.
United States
 
16 Jun 2006
4
Court Decides "Consistency Determinations" Under the California Endangered Species Act Are Not Subject to CEQA Review
On October 28, 2005, the Sacramento County Superior Court decided, in a case of first impression, that a consistency determination by the Department of Fish and Game is not a discretionary project triggering the environmental review requirements of the California Environmental Quality Act.
United States
8 Nov 2005
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