On March 20, 2013, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center 586 U.S. (2013) that storm water discharges from logging roads do not require an NPDES permit under the CWA. The decision turns largely on deference to EPA’s interpretation of its own regulations. Whether this holding will be extended to mining
March 2013
Small-scale Miners on Forest Service Lands Rebuffed by U.S. Supreme Court
By Michael Sherman on
Posted in Mining, Permitting
On Monday, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in the case of Karuk Tribe of California v. United States Forest Service, 681 F.3d 1006 (9th Cir. 2012). In that case, the Ninth Circuit held that the Forest Service violated the Endangered Species Act (ESA) by failing to consult…
Construction Aggregate Shortage Continues in California
By Michael Sherman on
Posted in California, Mining
On March 1st, the California Geological Survey (CGS) released information forecasting a continuing shortage of permitted aggregate resources (sand, gravel and crushed stone) in California. According to CGS’s Map Sheet 52 and accompanying report, California only has permitted resources to meet approximately one-third of aggregate demand over the next 50 years.
Aggregate is essential for…