Tag Archives: Regulations and Legislation

Best Practices You Need to Know for Effective CEQA Public Noticing

Noticing is sometimes seen as the easy part of CEQA, but the CEQA public noticing process is an alphabet soup of categories and acronyms that isn’t clearly laid out in a single resource. In addition, it’s helpful to be familiar with case law that provides guidance on legally defensible notification, as well as with other

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Bumble Bees May Soon Be Eligible for Listing under the California Endangered Species Act

What is the current listing status for California bumble bees? On May 31, 2022, the Third Appellate Court District in California ruled that “…a terrestrial invertebrate, like each of the four bumble bee species, may be listed as an endangered or threatened species under the [California Endangered Species Act],” under the definition of ‘fish.’ This

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ALTA Survey Requirements: Everything you need to know for 2022

What are the current ALTA survey requirements? The Minimum Standard Detail Requirements (ALTA Standards) for American Land Title Association (ALTA)/National Society of Professional Surveyors (NSPS) Land Title Surveys (ALTA survey requirements) were last updated in February of 2021. Often referred to simply as ALTA surveys, these boundary surveys are created according to a set of minimum standards

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Foothill Yellow-Legged Frog Listing Status under the California and Federal ESA

On December 28, 2021, the USFWS published a proposed rule in the Federal Register listing four of six Distinct Population Segments (DPSs) of the foothill yellow-legged frog (Rana boylii) under the Endangered Species Act. This follows the 2020 listing by the California Fish and Game Commission of five of six clades of the foothill yellow-legged

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New Waters of the U.S. Definition Established by Navigable Waters Protection Rule: How your projects may be affected

On January 23, 2020, after nearly three years of intensive public outreach and engagement, including pre-proposal involvement that generated more than 6,000 recommendations and approximately 620,000 comments, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) finalized the “Navigable Waters Protection Rule,” which establishes a new definition of “Waters of the U.S.”

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What the New California Wetland Procedures Mean for Your Projects

On April 2, 2019, the California State Water Resources Control Board (Water Board) approved new Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures). The new wetland Procedures address potential gaps in federal regulatory coverage for certain wetlands and waters of the state due to potential federal changes that would

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Revisions to 4 Key Wildlife and Wetlands Rules: What It Means for Your Projects

Several federal and state entities have enacted or proposed rule revisions in the past year, which may affect your projects. Read on to find out how. Enacted Rule Revisions Rule revisions to the Migratory Bird Treaty Act (MBTA) by the Department of the Interior (DOI) and to the Clean Water Rule by the U.S. Army

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Federal ESA Implementation Would Change under New Proposed Rules

On July 25, 2018, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) published three proposed rules in the Federal Register that would substantially revise regulations implementing portions of the federal Endangered Species Act (ESA). The three rules pertain to (1) the level of protection for Threatened species, (2) regulations for

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State Water Board to Consider Changes to Wetlands Procedures

After several drafts informed by public review and comment over the past 10 years, the State Water Resources Control Board (Water Board) will soon meet to consider adoption of new Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures). The Procedures will chiefly outline how to define wetlands and dictate

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How Changes to the MBTA May Affect Your Project

USFWS Reinterprets MBTA Section 2 of the Migratory Bird Treaty Act (MBTA) makes it unlawful to “take” (hunt, pursue, capture, injure, kill, or attempt to do so) a wide variety of migratory birds, except as permitted by regulations (16 U.S.C. § 703). The U.S. Fish and Wildlife Service (USFWS) has consistently interpreted Section 2 as

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