California’s attorney general is suing the city of Elk Grove for denying a contentious affordable housing project in the city’s Old Town. “You can’t ignore the law because it doesn’t suit you,” California Attorney General Rob Bonta announced Monday, adding later, “They’ve resisted the law time and time again. They have left us no choice.” […]
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 […]
March 31, 2018 | Category:
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Mitigated Negative Declaration,
MNDThe 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 […]
February 4, 2018 | Category:
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Water | Tags:
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Waters Of The U.S.On Thursday, the Ninth Circuit ruled that wastewater injections whose pollutions reach navigable U.S. waters via groundwater are subject to the Clean Water Act (“CWA”). Experts say this decision could drastically expand the scope of CWA liability and includes activities ranging from coal ash and pipeline spills to agricultural runoff. In coming to this decision, […]
January 16, 2018 | Category:
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NEPA,
News | Tags:
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lawsuitOn Wednesday, a three-judge panel from the Ninth Circuit rejected environmentalists’ appeal to overturn a U.S. Fish and Wildlife Service (USFWS) policy that allows the taking of one owl species to help recover another. Friends of Animals initially sued the USFWS over a 2014 plan to kill thousands of barred owls (on the left in […]
January 15, 2018 | Category:
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Lawsuit,
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california land use,
CEQA,
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lawsuitIn an unpublished opinion filed January 4, 2018, the Fifth District Court of Appeal rejected challenges to a general plan update prepared by the City of Visalia. Plaintiffs in the case argued that the EIR prepared by the City failed to adequately address urban decay impacts. In particular, plaintiffs argued that the 40,000 square foot […]
January 9, 2018 | Category:
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environmental group,
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Land Use Law,
lawsuit Last week, California River Watch sued a group of vineyard developers for allegedly violating the Endangered Species Act (ESA), arguing that the group engaged in agricultural practices that harm the protected California Tiger Salamander (CTS). In 2014, a group of developers filed for and received permits to convert 9.8 acres of their property into […]
January 8, 2018 | Category:
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News | Tags:
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Greenhouse Gas,
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lawsuitIn a case certified for partial publication, the Second District Court of Appeal addressed the Public Resources Code section 21168.9 mandate that a court’s order overturning the CEQA decision of a public agency shall be limited to the scope necessary to bring the agency’s decision into compliance with CEQA. The case, Center for Biological Diversity […]
November 10, 2017 | Category:
California,
CEQA,
Land Use,
Lawsuit | Tags:
appeal,
california land use,
CEQA,
court case,
land use,
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lawsuitIn an unpublished decision filed November 6, 2017, the First district Court of Appeal upheld a County decision to approve a design review application for a market and grocery store renovation project. (Case No. A150043) The petitioner appealed from a trial court decision, which found application of the CEQA exemption proper. Marin County first issued […]
November 4, 2017 | Category:
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CEQA,
Endangered Species,
Land Use,
Lawsuit | Tags:
California,
california land use,
court case,
Endangered,
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lawsuitThis 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 […]
