November 4, 2017 | Category:
California,
CEQA,
Endangered Species,
Land Use,
Lawsuit | Tags:
California,
california land use,
court case,
Endangered,
endangered species,
land use,
Land Use Law,
lawsuit
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 […]
October 31, 2017 | Category:
Air Quality,
California,
CEQA,
Land Use,
Lawsuit,
News,
Noise | Tags:
california land use,
CEQA,
court case,
environmental group,
Land Use Law,
lawsuit
In an unpublished decision filed on October 24, 2017, the Third District Court of Appeal upheld a trial court’s denial of a CEQA challenge to a freeway interchange and arterial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 […]
October 27, 2017 | Category:
Endangered Species,
Land Use,
Lawsuit,
NEPA,
News | Tags:
BLM,
california land use,
court case,
Endangered,
endangered species,
environmental group,
land use,
Land Use Law,
mitchell chadwick llp,
NEPA
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 […]
October 26, 2017 | Category:
California,
Endangered Species,
Land Use,
Lawsuit,
NEPA,
News | Tags:
BLM,
california land use,
court case,
endangered species,
environmental group,
EPA,
land use,
Land Use Law,
lawsuit
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 […]
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 […]
September 25, 2017 | Category:
California,
CEQA,
Land Use,
Lawsuit | Tags:
appeal,
California,
california land use,
CEQA,
court case,
environmental group,
land use,
Land Use Law,
lawsuit,
mitchell chadwick,
mitchell chadwick llp
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 […]
August 15, 2017 | Category:
California,
Land Use,
Lawsuit,
News,
Water | Tags:
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
Water,
Waters Of The U.S.
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 […]
August 14, 2017 | Category:
California,
Land Use,
Lawsuit,
News | Tags:
California,
California Coastal Commission,
california land use,
court case,
environmental group,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp
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 […]
August 9, 2017 | Category:
California,
CEQA,
Land Use,
Lawsuit,
News | Tags:
California,
california land use,
CEQA,
court case,
environmental group,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp
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 […]
August 4, 2017 | Category:
Land Use,
Lawsuit,
News,
Water | Tags:
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.
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 […]