Lawsuit

California: San Francisco and Oakland Climate-Change Lawsuits Thrown Out

A federal judge on Monday threw out a lawsuit brought by the cities of San Francisco and Oakland against fossil fuel companies over the anticipated costs of dealing with future climate change. The decision should raise a warning for other local governments around the United States that have filed similar suits, including New York City. […]

Judge Holds that BLM Must Set Aside 13 NM Oil and Gas Leases

On Thursday, U.S. District Judge M. Christina Armijo found that the U.S. Bureau of Land Management (“BLM”) must set aside 13 oil and gas leases covering approximately 20,000 acres of the Santa Fe National Forest. Specifically, Judge Armijo found that BLM’s greenhouse gas analysis was insufficient, and set aside the BLM’s finding of no significant […]

L.A. County Land-Use Plan Overcomes Enviro Objections

On June 19, a California appellate court upheld LA County’s approval of a new 1,800 acre land-use plan, rejecting the argument that additional environmental assessment was warranted. The County approved the new plan as a “modification” to the existing 2015 Antelope Valley Area Plan, and stated that the changes weren’t significant enough to require an […]

First District Court of Appeal Upholds Trial Court Decision that no EIR was Required for Hospital Conversion

This case involved the City of Santa Rosa’s approval of a CUP to convert a shuttered hospital center to a homeless youth and transitional housing center with about 50 to 60 beds. The center was sponsored and funded by a non-profit organization, which would also provide counseling and health services and recreational activities at the […]

Opponents Challenge City of LA’s Attempts to Streamline CEQA Review for Housing Projects

City of Los Angeles voters approved measure HHH in 2016 to facilitate the construction of 10,000 units of permanent supporting housing to address the City’s homeless crises. The City Council followed-up in April 2018 by passing an ordinance which eliminates CEQA review for housing projects up to 120 units and that meet zoning requirements. The […]

Fourth Circuit Court of Appeals Invalidates Incidental Take Permit for Atlantic Coast Pipeline

On Tuesday (5/15/18), the 4th Circuit Court of Appeals issued an order vacating an incidental take permit issued by the U.S. Fish and Wildlife Service for a pipeline project. The Atlantic Coast Pipeline project, backed by Dominion Energy, involves a 600-mile pipeline for natural gas. The proposed route starts in West Virginia and ends in […]

Enviro Group Sues Forest Service (unsuccessfully) Over Imaginary Wolves

On May 29, a federal judge in California dismissed an environmental group’s lawsuit accusing the U.S. Forest Service, and U.S. Fish and Wildlife Service, of improperly approving a forest-thinning project. The group argued that the project would imperil gray wolves and northern spotted owls; the former is endangered under the federal Endangered Species Act, while […]

States Ask Federal Judge to Nix EPA’s Delay of the Clean Water Rule Update

A group of states, including California and New York, asked a federal judge this week to invalidate the US EPA’s recent choice to delay implementing an Obama-era update to the Clean Water Rule, arguing that the agency failed to follow proper notice-and-comment protocol when delaying the rule’s application. The rule, to be implemented by EPA […]

Second District Court of Appeal Upholds Project Approved via MND (and a Categorical Exemption)

The Second District Court of Appeal upheld an infill project approved by the City of Covina in the case Covina Residents for Responsible Development v. City of Covina (Cal. Ct. App., Feb. 28, 2018, No. B279590). The project at issue involved a 58-unit, mixed use, infill project located about a quarter-mile from a commuter rail […]

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