Category Archives: Environmental Regulations

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California Budget Plan Will Delay Off-Road Diesel Emissions Regulations

On February 19, 2009, California legislators ended a three-month-long stalemate and passed a budget designed to meet the $41 billion budget shortfall through 2010. A major provision in the bill package adopted as part of the proposed budget would delay the retrofitting of heavy diesel equipment, which would save the construction industry millions of dollars … Continue Reading

State Water Board Lifts Moratorium On New Construction in LA Region

Responding to an order from the Orange County Superior Court, the State Water Resources Control Board (the “State Board”) has lifted a two-week-old moratorium on new construction in the Los Angeles region.  The State Board announced on Friday that it would resume processing new enrollments under the statewide NPDES Construction General Storm Water Permit (the … Continue Reading

State Water Board Imposes Moratorium On New Construction In Los Angeles Region

The State Water Resources Control Board (the “State Board”) has effectively imposed a moratorium on new construction within the Los Angeles region, in response to the Orange County Superior Court’s recent ruling in the Arcadia II litigation.  The State Board last week published two memoranda interpreting a writ of mandate issued on July 2 in the Arcadia … Continue Reading

Update to June 15, 2007 Blog: The California Air Resources Board Passes New Regulations Limiting Off-Road Diesel Engine Emissions (13 CCR SEC. 2449)

On July 27, the California Air Resources Board (ARB) passed new regulations intended to reduce emissions of particulate matter (PM) and nitrous oxide (NOx) from off-road diesel engines.  The regulations require businesses to retrofit or "turn over" their fleets over time.  A summary of these regulations was posted on June 15.  The final version of … Continue Reading

CARB Proposes New Diesel Emission Regulations (13 CCR SEC. 2449)

Recognizing that many industrial businesses in California operate using older, and thus more polluting, off-road diesel vehicle fleets, the California Air Resources Board (CARB) has proposed new regulations intended to reduce emissions of particulate matter (PM) and nitrous oxide (NOx) from such vehicles and require businesses to retrofit or "turn over" their fleets over time.… Continue Reading

Clean Water Act Update: District Courts on the East, West Coasts Explain and Apply the Rapanos Decision to Adjacent Wetlands and Intermittent and Ephemeral Streams

District courts for the Northern District of California and the District of Connecticut recently applied the Supreme Court’s 2006 Rapanos decision to decide whether certain intermittent and ephemeral streams and adjacent wetlands were subject to Clean Water Act regulatory jurisdiction.  (Please click for further discussion of Rapanos).  In both instances, the courts found that plaintiffs … Continue Reading

Clean Water Act Regulations Do Not Require Numeric Testing Of Individual Pollutants Or Numeric Effluent Limitations For Industrial Stormwater Discharges

Divers’ Environmental Conservation Organization v. State Water Resources Control Board (Nov. 29, 2006, D046112) __ Cal.App.4th __ http://www.courtinfo.ca.gov/opinions The Court of Appeals held that a permitting agency under the Clean Water Act is not required to conduct a numeric analysis of individual pollutants in industrial stormwater discharges in order to comply with federal regulations.  In … Continue Reading
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