On May 25, 2023, the Supreme Court of the U.S. (SCOTUS) issued a ruling in the Sackett v. EPA case, stating only wetlands with a continuous surface connection to large rivers, lakes, and streams are eligible for federal protection. On August 29, 2023, the US Environmental Protection Agency (EPA) amended the 2023 Clean Water Rule
The operation of wind energy facilities can potentially harm bats, but the true extent of this danger is not fully understood. In some US regions, a significant challenge to developing wind energy is finding ways to lower the number of bats that collide with wind turbines while maintaining high power production levels. When developing or
On February 8, 2023, the California Fish and Game Commission (Commission) considered several items, including the petition to list the western Joshua tree (Yucca brevifolia), the California Department of Fish and Wildlife’s status review report; and comments received to potentially determine whether listing the tree as threatened under the California Endangered Species Act (CESA) is
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
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
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
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
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.”
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
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
