Searching Content indexed under Land Law & Agriculture by Christopher Carr ordered by Published Date Descending.
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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
"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
Court Decides "Consistency Determinations" Under the California Endangered Species Act Are Not Subject to CEQA Review
On October 28, 2005, the Sacramento County Superior Court decided, in a case of first impression, that a consistency determination by the Department of Fish and Game is not a discretionary project triggering the environmental review requirements of the California Environmental Quality Act.
United States
8 Nov 2005
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