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On August 4, 2023, Governor Newsom issued Executive Order N-10-23, the latest in a series of executive orders addressing the impacts of the series of atmospheric rivers that caused a State of Emergency in California in late 2022 and early 2023. Order N-10-23 suspends several statutes, regulations, and permitting criteria for certain activities to mitigate ongoing flood risk in several regions of the state.
Eligible projects must be completed by November 1, 2023.
Order N-10-23 suspends four categories of laws and implementing regulations:
Qualifying projects include:
Projects must be located within the San Joaquin River, Tulare Lake Basin, Salinas River, or Pajaro River and their tributaries, or within other coastal streams between the Pajaro River to and including Ventura River.
Moreover, all projects must satisfy the following conditions:
Projects involving sediment or vegetation removal must also meet the following criteria:
Finally, suspensions of discharge reporting and waste discharge requirements must satisfy additional conditions and perform the following notification procedures:
For more information about Executive Order N-10-23 or questions regarding project applicability and procedures, please contact:
Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn.
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