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State Water Board Announces Intent to Enforce 2019 Procedures for Discharges of Dredged or Fill Material as “State Policy”

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…

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Court Limits State Water Board’s Application of 2019 Procedures for Discharges of Dredged or Fill Material to “Waters of the State”

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…

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2019 Legal Update for the California Construction and Industrial Materials Association

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…

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State Water Resources Control Board Sued by City and County of San Francisco and Others Over Approval of Dredge and Fill Procedures

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…

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