Category: Permitting

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Featuring Hydraulic Fracturing: Highlights from our California Environmental Law Blog

Interested in news involving hydraulic fracturing or “fracking” in California? Our sister blog, California Environmental Law Blog, actively keeps readers informed on the latest legal, business and regulatory developments on fracking. Highlights from the past year include: Environmental Groups Sue Over Fracking Permits Fracking Study Finds No Harm to Environment San Benito County Moves Toward … Continue Reading

Update: One Step Closer to a Better Permitting Process

Following a recent post (link), I wanted to provide you with an update regarding H.R. 4402, the National Strategic and Critical Minerals Production Act of 2012. On May 16, 2012, the House Committee on Natural Resources passed the bill, offered by Rep. Amodei (R-Nev.), where it received strong support in the committee. The bill now … Continue Reading

FEDERAL AGENCIES TAKE ACTION ON FRACKING GUIDELINES

At the end of last week, EPA and BLM each released draft requirements relating to fracking.  EPA released draft Underground Injection Control (UIC) Class II well permitting guidance for fracking activities that use diesel fuels.  BLM released draft rules requiring public disclosure of fracking chemicals used on public and Indian lands. The EPA guidance applies … Continue Reading

Sequoia ForestKeeper v. Tidwell Subjects Mineral Exploration Within National Forests to Additional Process and Delay

Last week a federal district court in California issued a nationwide injunction that may have significant impacts on exploration activities within National Forests.  For years activities that were categorically excluded from review under the National Environmental Policy Act (NEPA) were also exempt from U.S. Forest Service regulations concerning public notice, comment, and administrative appeals (36 … Continue Reading

Proposed California Legislation To Regulate Hydraulic Fracturing Stalls In State Senate With A New Hydraulic Fracturing Bill Poised for Introduction In 2012

Falling victim to a Legislature pre-occupied with massive budget deficit issues and last minute wrangling over the Governor’s corporate tax package on out-of-state companies, AB 591, California’s legislative foray into the charged arena of hydraulic fracturing regulation, stalled in the State Senate’s Appropriations Committee.  In its current form, the bill embodied a fairly comprehensive agreement … Continue Reading

CEQA, Mining and Vested Rights. Looking Back on the California Supreme Court’s Decision in Communities for a Better Environment v. South Coast Air Quality Management District.

One year ago the California Supreme Court issued its decision in Communities for a Better Environment v. South Coast Air Quality Management District (2010) 48 Cal. 4th 310.   Since our blog wasn’t up at the time I thought it would be a good idea to look back on that decision and how it impacts mine … Continue Reading

Now Is The Time For Increased Due Diligence Scrutiny – Focus on Permits

As the economy continues to struggle, we see more consolidation in the aggregate industry.  Deals that seems like a bargain, may include significant problems and liabilities.  It is more important than ever to know what you are getting when acquiring existing operations.  An acquiring company should not assume that all permits are in order simply … Continue Reading
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