![]() ![]() For information regarding the Procedures’ contents and other anticipated implications, please see our Apclient alert. The Procedures subject nearly any discharge of dredge or fill to waters of the state - subject to limited exceptions - to burdensome and largely duplicative requirements, which will lengthen project construction timelines and result in additional project costs. ![]() According to the SJTA, the State Water Board’s adoption of the Procedures was unlawful, and must therefore be set aside for several reasons, which are fully described in our client alert on the litigation. The SJTA filed a petition for writ of mandate and complaint for mandatory relief challenging the Procedures in Sacramento Superior Court on May 1, 2019, and subsequently filed an amended petition for writ of mandate and complaint on May 20, 2019. The move by OAL comes despite allegations by the San Joaquin Tributaries Authority (“SJTA”) that the State Water Board exceeded its statutory authority and failed to comply with the California Water Code. Consequently, the Procedures will become effective on nine (9) months after OAL approval, based on the implementation date set forth in the Procedures. ![]() On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State (“Procedures”). ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |