lawsuit

CA Court of Appeal: Mitigation Bank “Highest and Best Use” In Eminent Domain

California Court of Appeal Decision Leaves Room for Mitigation Bank as a “Highest and Best Use” for Eminent Domain Purposes In County of Santa Barbara v. Double H Properties, LLC, the Court of Appeal for the Second District considered whether the trial court properly excluded evidence indicating that a condemned piece of property was worth […]

Federal Government Hopes to End Idaho’s Challenge to Sage Grouse Plan

Federal Government Hopes to End Idaho’s Challenge to Sage Grouse Plan The U.S. government recently asked a federal judge to toss Idaho’s challenge to the Department of Interior’s (“DOI”) measures designed to protect the habitat and support the population of the greater sage grouse. Idaho has filed suit challenging the DOI’s land-use plan amendments, final […]

Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality

Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality Earlier this week, U.S. Supreme Court Justice Anthony Kennedy called the Clean Water Act “arguably unconstitutionally vague.” This was a welcome hint on the future of the rule for landowners, project proponents and other critics of U.S. EPA’s new Waters of the U.S. Rule, which defines the […]

The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review

The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review In the days before oral argument before the U.S. Supreme Court regarding the ability of the U.S. Army Corps of Engineers (“ACOE”) to claim jurisdiction over bodies of water, the ACOE emphasized the inability for its jurisdictional determinations to be challenged. The […]

California Supreme Court to Reconsider Newhall Decision?

Newhall Land and Farming Company Petitions California Supreme Court to Reconsider Newhall Decision The Newhall Land and Farming Company has petitioned the California Supreme Court to reconsider its November 30, 2015 decision blocking a mixed-use residential project in Los Angeles County. Newhall argues that the Court’s decision was based on incorrect legal reasoning and a […]

Sixth Circuit to Consider Crucial Jurisdictional Issue Relating to Scope of Clean Water Act

Sixth Circuit to Consider Crucial Jurisdictional Issue Relating to Scope of Clean Water Act The US Court of Appeals for the Sixth Circuit will hear oral arguments about whether federal district courts have jurisdiction to hear challenges to President Obama’s rule broadening the application of the Clean Water Act. In May, the Environmental Protection Agency […]

Enviro Groups Sue Ventura County Over New Oil Wells

Enviro Groups Sue Ventura County Over New Oil Wells Los Padres ForestWatch, the Center for Biological Diversity, and Citizens for Responsible Oil and Gas filed a CEQA petition challenging Ventura County’s approval of 19 new oil wells near the Santa Paula Canyon Trail. The project garnered strong opposition from hikers and environmentalists. According to the […]

Fish Before People: Environmentalists sue over Sacramento River and Shasta Dam

Fish Before People: Environmentalists sue over Sacramento River and Shasta Dam A cadre of environmental groups filed a lawsuit yesterday against the Interior Department for allegedly mismanaging California’s water supplies to the detriment of salmon. The Natural Resources Defense Council and other groups argue that the Bureau of Reclamation has violated the Endangered Species Act […]

Supreme Court To Resolve Split Over CWA Jurisdiction?

Supreme Court To Resolve Split Over CWA Jurisdiction? The U.S. Supreme Court is being asked by several of the original plaintiffs in a Clean Water Act Case, to grant the U.S. Army Corps of Engineers’ request to clear up a circuit split on whether the agency’s jurisdictional determinations over which water bodies are subject to […]

States Join Fight Against EPA’s New Ozone Standards

States Challenge EPA’s New Ozone Standards Arizona, Arkansas, North Dakota, Oklahoma and New Mexico’s Environment Department join the petition for review filed by Murray Energy Corp., asking the D.C. Circuit Court to block the new national ground-level ozone standards. The EPA recently lowered the national ambient air quality standards for ground-level ozone from 75 ppb […]

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