By Kerry Shapiro and Daniel Quinley On March 9, 2023, the US District Court for the Eastern District of California issued its ruling in Friends of the Inyo, et al., v. U.S. Forest Service, et al., in favor of the Forest Service and JMBM client KORE Mining Limited, in a…
By Kerry Shapiro and Daniel Quinley The last month has seen a flurry of activity related to the California and Federal Endangered Species Acts, including: The California Supreme Court’s denial of review in the Almond Alliance of California v. California Fish and Game Commission litigation Governor Gavin Newsom’s appointment of…
By Kerry Shapiro On August 30, 2021, the U.S. District Court for the District of Arizona issued an order in Pasqua Yaqui Tribe, et al. v. U.S. EPA, et al., vacating the Navigable Waters Protection Rule (“NWPR”) and remanding the rule back to the Environmental Protection Agency (“EPA”) and U.S.…
By Kerry Shapiro Last week, the California Supreme Court handed down an important decision on prevailing wage law favorable to industry. On August 16, 2021, the California Supreme Court issued its decision in Mendoza v. Fonseca McElroy Grinding Co., Inc. S253574, answering the question whether prevailing wage must be paid…
State Water Board Announces Intent to Enforce 2019 Procedures for Discharges of Dredged or Fill Material as “State Policy” By Kerry Shapiro, Martin Stratte, and Daniel Quinley On February 3, 2021, the State Water Resources Control Board (“SWRCB”) issued a “Notice of Opportunity to Comment and Notice of Public Hearing…
By Kerry Shapiro, Martin Stratte and Daniel Quinley On December 18, 2020, the Sacramento County Superior Court prohibited the State Water Resources Control Board (“SWRCB”) from implementing California’s new wetlands and “waters of the state” protection program, and limited SWRCB’s application of the regulatory program to only waters already protected…
Just what makes a decision “final” enough to support a Fifth Amendment takings claim? In his article, “‘Finality’ may be the next key issue in takings litigation,” published by the Daily Journal, Daniel Quinley of JMBM’s Natural Resources and Mining Group, addresses a recent Ninth U.S. Circuit Court of Appeals’…
An Overview of CalCIMA’s Current Judicial, Legislative, and Regulatory Activities by Kerry Shapiro, General Counsel to CalCIMA and Chair of JMBM’s Natural Resources and Mining Group and Martin Stratte This article was first published in the Summer 2019 issue of The Conveyor, a publication of the California Construction and Industrial…
On May 1, 2019, Petitioner San Joaquin Tributaries Authority, a Joint Powers Authority (Petitioner/Authority) filed a petition for writ of mandate in Sacramento County Superior Court against the State Water Resources Control Board (SWRCB). The Authority includes the City and County of San Francisco as petitioners. The petition challenges SWRCB’s…
On April 25, 2019, the California Construction and Industrial Materials Association (CalCIMA) filed a petition for writ of mandate and complaint for declaratory and injunctive relief (“Petition”) in Ventura County Superior Court challenging the County of Ventura’s approval of a proposed “Habitat Connectivity and Wildlife Corridor” Project and its implementing…