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Court of Appeal Rules HERO Cannot Save Previously Vacated Rental Units
The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the "Project")
United States
22 Aug 2019
Sustainable Communities Environmental Assessment Upheld Under CEQA
In Sacramentans for Fair Planning v. City of Sacramento (2019) ___ Cal.App. 5th ___, the Third District Court of Appeal upheld the City of Sacramento's use of a sustainable communities
United States
8 Aug 2019
CDP Applicant May Not Challenge Local Agency's CEQA Decision On Coastal Development Permit While CDP Appeal To Coastal Commission Is Pending
In Fudge v. City of Laguna (G055711), published on February 13, 2019, the Fourth District Court of Appeal joined the First and Sixth Districts by reaffirming the need for a litigant to wait
United States
26 Mar 2019
Cannabis Regulation Is The New Frontier In Real Estate And Land Use Control
California has positioned itself as a leader on emerging cannabis policy.
United States
31 Jan 2019
Five Years In The Making: California Is One Step Closer To A Comprehensive Update To The CEQA Guidelines
The Governor's Office of Planning and Research ("OPR") has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act ("CEQA") Guidelines.
United States
11 Jan 2019
Ninth Circuit Determines That George Constanza Was Right!—In Limited Circumstances, Whales And Seals Are Fish (Not Mammals)
Defying the universal notion that whales and seals are, in fact, mammals, the Ninth Circuit recently affirmed in part, and reversed in part, the Western District Court of Washington's judgment ...
United States
8 May 2018
Ninth Circuit Finds District Court Sharply Deviated From Existing Authority On CERCLA Cleanup Costs Between Military Contractor And U.S. Government When It Allocated 100 Percent Of Liability To Military Contractor
TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government relating to environmental contamination...
United States
1 May 2018
Ninth Circuit Holds National Park Service Has The Authority To Regulate Navigable Waters In Alaska's National Parks And Prohibit The Use Of Hovercraft (Again)
In September 2011, moose hunter John Sturgeon brought an action against the National Park Service ("Park Service"), alleging it inappropriately banned him from using a hovercraft...
United States
24 Apr 2018
Tenth Circuit Holds Bureau Of Land Management Improperly Relied On Unsupported And Irrational Assumption In Analyzing Environmental Impacts Of Coal Mining Leases
The BLM approves mining infrastructure and issues mining leases within much of the Powder River Basin area. Id. at 1227.
United States
7 Mar 2018
Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement And The Statute Of Limitation
Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case...
United States
28 Feb 2018
Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In The County Where The Claim Arose
Prop 65 Plaintiffs routinely file most Prop 65 cases in Alameda County, presumably because they believe it is a plaintiff-friendly forum.
United States
10 Jan 2018
Faceoff With Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also Vulnerable
In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101
United States
29 Aug 2017
Climate Change Gets Fashionable: The Fashion Industry Embraces The President's Climate Change Initiative
The fashion industry has recently been using its clout and cachet to combat climate change. Who else has a heavy hand in the fight against climate change? The answer, while a bit less surprising, is the White House.
United States
31 Dec 2015
Abuse of Discretion Not Shown By Court’s Failure To "Show Its Arithmetic" In Significantly Reducing Claimed Attorney Fees In CEQA Litigation
The respondent, Al-Nur Islamic Center, a non-profit religious organization, planned to erect a 7,512 sq. ft. mosque in the County of San Bernardino.
United States
27 Apr 2015
Supreme Court Grants Limited Review Of GHG Emissions Regulations
On October 15, 2013, the United States Supreme Court granted certiorari to review six of the nine submitted petitions stemming from an appellate court ruling upholding Environmental Protection Agency greenhouse gas controls at utilities, factories and other facilities around the country.
United States
11 Nov 2013
California Passes Landmark Green Chemical Laws
On August 28, 2013 the California Office of Administrative Law approved California Department of Toxic Substances Control’s Safer Products Regulations.
United States
8 Oct 2013
What Will It Cost For California To Save The World? California Conducts Its First Greenhouse Gas Cap-And-Trade Auction
The landmark Global Warming Solutions Act of 2006 ("AB 32") tasked the California Air Resources Board ("ARB") with reducing greenhouse gas ("GHG") emissions to 1990 levels by 2020.
United States
14 Dec 2012
ARB Initiates Potentially Controversial Agricultural Equipment Regulation
The California Air Resources Board recently commenced development of a new regulation targeting emissions from "off-road" agricultural equipment.
United States
1 Oct 2012
Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption
The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the grounds for its exemption determination; and (b) held a public hearing on the project at which the public had the opportunity to object to the exemption determination, even though CEQA does not require the filing of a notice of determination for exemption determinations.
United States
13 Jul 2012
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