court case

Federal Lawsuit Filed Against Feds: California Gnatcatcher Shouldn’t Be Listed

This week a group of property owners and developers filed suit against the U.S. Department of Interior, alleging that the U.S. Fish and Wildlife Service (USFWS) violated federal procedure rules when it repeatedly found that the coastal California gnatcatcher is protected under the Endangered Species Act (ESA). Filed in a D.C. federal court by the […]

Third District Court of Appeal Upholds EIR for Freeway Improvement Project

In an unpublished decision filed on October 24, 2017, the Third District Court of Appeal upheld a trial court’s denial of a CEQA challenge to a freeway interchange and arterial roadway project. The case, Eureka Village Homeowners Association v. City of Rancho Cordova (C082276) considers whether the EIR prepared by the city analyzed a reasonable […]

BLM to Hold Public Hearings on Sage Grouse While Watchdog Group Sues for Public Records

This week the BLM announced its plans to hold public hearings in November to allow for public comment regarding the agency’s decision to reopen 98 federal land use plans that were put in place to protect the greater sage grouse. Meanwhile, a watchdog group filed a federal lawsuit against the Interior Department, claiming the agency […]

EPA Chief Kills “Sue and Settle” Tactic Used By Environmental Groups

On October 16, 2017, EPA Administrator Scott Pruitt issued an administrative order with the goal of ensuring that the Environmental Protection Agency is transparent when settling lawsuits – particularly those filed by environmental groups seeking to regulate through litigation. A press release accompanying the administrative order explains that the EPA has long been sued by […]

USFWS Accepts Proposal to Increase Delta Pumping

  On Wednesday, federal fisheries regulators approved a controversial plan to allow for increased pumping from the Sacramento-San Joaquin Delta this fall. Facing opposition from environmental groups, the U.S. Fish and Wildlife Service (USFWS) signed off on the proposal that was championed by the U.S. Bureau of Reclamation and Southern California water interests. With those […]

CEQA Plaintiffs Still Searching For “Unusual Circumstances”

The First District Court of Appeal recently upheld the City of South San Francisco’s decision to approve a CUP for converting office buildings to a medical clinic via a CEQA categorical exemption. (Respect Life South San Francisco v. City of South San Francisco (2017) Case No. A145992.) The proposed conversion included only minor physical changes […]

Central Valley Farmer John Duarte Reaches Settlement with Federal Government

Just before the penalty phase of trial was set to begin on Tuesday, Northern California farmer John Duarte reached a settlement with the federal government, after being fined for plowing over disputed wetlands on his property. With the government seeking a $2.8 million fine and tens of millions of dollars in mitigation expenses, Duarte agreed […]

California Landowner Ordered to Restore Public Access to Beachfront Property

This week, a California court created an important precedent for public right-of-way access cases, when it ordered a billionaire to reopen access to a formerly public beach in San Mateo County. The First District Court of Appeals in San Francisco ruled 3-0 that Vinod Khosla violated state law when he closed access to Martins Beach […]

First District Court of Appeal Upholds County’s Decision to Issue Ministerial Permit Exempt from CEQA

The California Supreme Court denied a request for depublication in Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, on July 26, 2017. As a result, the First District Court of Appeal’s decision finding against Sierra Club and Center for Biological Diversity is citable precedent. The case involved a challenge to Sonoma County’s decision […]

California Farmer Takes Clean Water Act Legal Fight to the Political Arena

Lobbyist, and former Republican Representative, Richard Pombo, has been retained by a California nursery owner facing a potential multi-million dollar fine for violating the Clean Water Act. Nursery owner, John Duarte of Duarte Nursery has retained the Washington, D.C. lobby to help fight his lengthy dispute with federal officials. Simultaneously, Mr. Duarte is facing a […]

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