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Further Environmental Review Required for Fracking Off California Coast

California Land Use & Development Law Report

Further Environmental Review Required for Fracking Off California Coast

A federal court has prohibited the U.S. Department of the Interior from approving any plans or permits for hydraulic fracturing off the California coast until it complies with the Coastal Zone Management Act and the Endangered Species Act. Environmental Defense Center v. Bureau of Ocean Energy Management, No. 16-cv-8418, 2018 WL 5919096 (C.D. Cal. Nov. 9, 2018).  The court determined that two bureaus of the Department had violated the Coastal Zone Management Act by failing to prepare a determination as to whether the proposed fracking was consistent with California's coastal management program, and the Endangered Species Act by failing to consult adequately with the Fish and Wildlife Service before issuing the final Environmental Assessment. Our full Update on the case, by Laura Godfrey Zagar and Jacob E. Aronson, is available here.

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California Land Use & Development Law Report offers insights into legal issues relating to development and use of land and federal, state and local permitting and approval processes.

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