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“The more I know, the less I understand/All the things I thought I’d figured out, I have to learn again” – Don Henley, “
The Heart of the Matter”
One of CEQA’s bedrock principles is that environmental review must precede project approval. (E.g.,
POET, LLC v. California Air Resources Board (2013) 217 Cal.App.4th 1214; CEQA Guidelines, § 15004(a).) To reverse the order and “put the cart before the horse” would be anathema, i.e., to sanction uninformed and undemocratic lead agency decision making, and to encourage irretrievable commitments of resources and post-hoc rationalizations that foreclose mitigations and alternatives and sweep environmental considerations under the rug. Right? Well … maybe not. In the area of State Water Resources Control Board (“SWRCB” or the “State Board”) water quality certifications (“WQCs”) under the Federal Clean Water Act (“CWA”; 33 U.S.C §
Fight of the River People: The Generational Push That Brought Berkshire Hathaway to the Table and put Dam Removal Back on Track
A floating blockade stretches across the Klamath River waiting to stop boats carrying Yurok and Karuk tribal officials and Berkshire Hathaway executives upriver on Aug. 28, 2020. Photo: Mahlija Florendo
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It
was a Friday in late August when four jet boats made their way up the
Klamath River under a cloudless blue sky. The boats carried three
tribal chairs. From the Karuk Tribe, there was Russell “Buster”
Attebery, who’d found pride as a boy catching salmon from the river
On February 18, 2021, the First Appellate District issued an opinion in
Sweeny et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“
Sweeny”). The opinion is much anticipated given its relevance to the continued validity of the State Water Resources Control Board’s recently adopted State Procedures for Discharges of Dredged and Fill Material (“Procedures”). The Appellate Court reversed the lower court in the entirety, substantially deferring to the actions and prosecutorial discretion of the State Water Resources Control Board (“State Water Board”) and San Francisco Bay Regional Water Quality Control Board (“Regional Water Board”, collectively, “Water Boards”) based on application of a revised standard of review. Importantly, according to the court, the appropriate interpretation of the Porter-Cologne Water Quality Control Act’s (“Porter-Cologne Act”) definition of waste provides the Water B
Texas water crisis: 390,000 people still don t have clean water vox.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from vox.com Daily Mail and Mail on Sunday newspapers.