On Monday April 2, the federal government took aim at a land use law passed in California last year, which gives California the right of first refusal in any sale of public lands, for the purpose of preventing resource exploitation or development. Under the law, the state would either have to raise the money to […]
March 31, 2018 | Category:
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Land Use,
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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 […]
In an unpublished opinion, Bussard v. City of Santa Rosa, the First District Court of Appeal upheld the City’s approval of a small infill housing project. (Case No. A148882, Feb. 6, 2018.) Project opponents argued that the development violated the Santa Rosa General Plan and the Santa Rosa City Code. The trial court denied the […]
The U.S. Supreme Court agreed to hear Weyerhaeuser Company’s, a timber company, challenge to the U.S. Fish and Wildlife Services’ decision to designate approximately 1,500 acres of private property in Louisiana as “critical habitat” for the endangered dusky gopher frog. The frog does not actually live on the property and the property as it […]
February 26, 2018 | Category:
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Land Use LawProposed Assembly Bill (“AB”) 1905 by Assemblyman Tim Grayson aims to make it harder for lawsuits filed under the California Environmental Quality Act (“CEQA”) to stop construction of roads and public transit. This legislation is specifically aimed at the road or transit projects that are included in state-approved regional growth plans. These projects have already […]
February 4, 2018 | Category:
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Water | Tags:
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Land Use Law,
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Water,
Water Law,
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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Endangered Species,
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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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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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Endangered Species,
Land Use,
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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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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 […]
