The Wendel Report: Environmental, Winter 2008
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"The Public Trust Takes to the Sky"
As with any new technology, the implementation of renewable energy technology is not entirely benign. The Center for Biological Diversity (CBD) recently sued owners and operators of wind turbine generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties, alleging, among other things, that the operators were responsible for killing and injuring tens of thousands of raptors and other birds in violation of the public trust doctrine. >> read more
"CEQA and Climate Change: The Uncertainty Continues"
by Robert D. Shantz
California’s pioneering foray into climate change regulation continues at a dizzying pace. In just the past few weeks, several significant new developments have occurred that could impact land use patterns and environmental analysis. >> read more
"Lack of Remedy for Corps' Jurisdictional Determination"
by Wendy L. Manley and Bruce S. Flushman
In a highly technical decision, but one with substantial practical impacts for the regulated community, the Ninth Circuit Court of Appeals recently held that a U.S. Army Corps of Engineers’ (Corps) determination of its Clean Water Act (CWA) jurisdiction (JD) is not subject to judicial review. >> read more
"New UST Guidelines in the Works: California LUFT Manual"
by Beth B. Koh
The world of leaking Underground Storage Tanks (UST) is currently undergoing remediation. The State Water Resources Control Board (SWRCB), in consultation with the U.S. Environmental Protection Agency (EPA), is updating the decades-old California Leaking Underground Fuel Tank (LUFT) Manual to better reflect the current state of practice in UST corrective action. >> read more
"Open Season on Enforcement: Water Board Enforcement Update" by Wendy L. Manley
Every year, some storm water dischargers face penalties for "paper violations," such as failing to submit Annual Reports by the July 1 deadline. This year the San Francisco Bay Regional Board recently proposed or issued penalties to several industrial storm water dischargers who failed in 2007 to submit their Annual Reports by the July 1 deadline. >> read more
"UST Fund: Low on Funds - Delay in Reimbursements"
On October 23, 2008, the Underground Storage Tank (UST) Cleanup Fund (Fund) announced that it will be delaying payments, suspending letters of commitment (LOCs) for lower priority claims, and requiring all “B” and “C” claimants to submit a budget for anticipated needs. >> read more