October 2006

Diane Kindermann Henderson, with Diane Moore of Moore Biological Consultants, will be teaching a class entitled “Clean Water Act Section 404: Nationwide and Other Specialized Permits” for the North State Building Industry Association.

Topics covered will include specialized permits required under Section 404 of the Clean Water Act, the current Nationwide Permit Program, and other general permits and letters of permission. Attendees will also learn strategies for dealing with regulatory agencies in seeking permits.

The class will be held on November 14, 2006 at the Doubletree Hotel in Sacramento. For more information or to register, please contact Tara Hicks at the BIA.

The opinion discussed in this article was modified on November 6, 2006. Please click here to read about the modified opinion. By Janell M. Bogue Recently, the Second Appellate District issued an opinion which may change how the nine Regional Water Quality Control Boards (“Boards” or “Regional Boards”) issue National Pollution Discharge Elimination System (“NPDES”) permits and comply with California Environmental Quality Act (“CEQA”). The case is County of Los Angeles v. California State Water Resources Control Board (2006) 143 Cal.App.4th 985. Continue Reading Second Appellate District Holds that NPDES Permits are Subject to Focused CEQA Review

By Elias E. Guzman

In the recent case Northern California River Watch v. City of Healdsburg (2006) 457 F.3d 1023, the Ninth Circuit offered its first look at “adjacent wetlands” in the post-Rapanos era. The facts of the case take us to the late 1960’s, when the Basalt Rock Company began excavating gravel and sand from land adjacent to the Russian River in northern California. After the mining terminated, the excavated area left a rock quarry pit that measured one half mile in length and one quarter mile in breadth. The pit, which filled with water from the surrounding aquifer, became known as the Basalt Pond (“Pond”), and was located adjacent to the Russian River (“River”). The River was an undisputed navigable water of the United States, and was separated from the Pond by a levee. The distance between the Pond and the River ranged from fifty to several hundred feet. Continue Reading Ninth Circuit Takes a Look at Adjacent Wetlands in its First Post-Rapanos Opinion