Searching Content indexed under Litigation, Mediation & Arbitration by Christopher Carr ordered by Published Date Descending.
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California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit
"Enough already!" Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act ("CEQA") decision.
United States
28 Sep 2016
Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row
The U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related actions.
United States
8 Jun 2016
CEQA Doesn't Operate In "Reverse" (Usually)
It's not quite Star Wars, but in the world of land use, this counts as a blockbuster.
United States
4 Jan 2016
It’s Not Unusual: California Supreme Court Declines To Expand "Unusual Circumstances" Exception To CEQA Categorical Exemptions
The California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’ ability to rely on commonly used "categorical exemptions" from CEQA’s environmental review mandates.
United States
9 Mar 2015
Supreme Court Upholds Private Right Of Action Under CERCLA
A unanimous Supreme Court has removed any doubt about a private party's right to sue for environmental response costs under the federal Superfund.
United States
13 Jun 2007
Ninth Circuit Decides CERCLA Case Regarding Defenses To Joint And Several Liability
The Ninth Circuit Court of Appeals decided a case of first impression regarding the "divisibility" defense to joint and several liability under the federal Superfund, or "CERCLA."
United States
13 Apr 2007
"Duking" It Out – What Constitutes Modification Of Facilities Subject To New Source Review
On April 2, 2007, the U.S. Supreme Court addressed what constitutes a "modification" at a facility that will trigger new source review (NSR) under the Clean Air Act (CAA). Environmental Defense v. Duke Energy Corp., No.05-848. The decision is "Round One" on the modification question, with the case remanded to the lower court for additional proceedings.
United States
12 Apr 2007
"One Bite At The Apple" - CEQA Statute Of Limitations Runs From First Discretionary Approval
Does a second discretionary approval for a project "revive" the project opponents’ ability to sue under the California Environmental Quality Act (CEQA), even after the CEQA statute of limitations has run on the first discretionary approval? This is an issue that has been debated for years. A recent California appellate court decision, Citizens for a Megaplex-Free Alameda v. City of Alameda, is helpful in removing some of this uncertainty.
United States
12 Apr 2007
The Dirt - Land Use, Environmental, Natural Resources and Consumer Products Law and Regulation, Fall 2006
While Morrison & Foerster LLP has long been at the forefront of cutting-edge environmental issues, it is the firm’s ability to identify and analyze problems and possibilities for its clients and friends that sets it apart. Rather than merely provide dry legal analysis without real world context and application, we strive to give a practical assessment of how a new law or case or rule will affect your day-to-day operations.
United States
19 Dec 2006
Ninth Circuit Upholds Service’s Issuance of an Incidental Take Statement for a California "Fully Protected Species"
In a very significant decision, the Ninth Circuit Court of Appeals has held that the U.S. Fish and Wildlife Service may authorize the incidental take of species under federal law that are "fully protected" under California law. This decision resolves a long-standing question whether the Service may authorize such take in light of language in the Service’s regulations allowing incidental take that results from "an otherwise lawful activity.
United States
16 Jun 2006
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