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Posts
- Category: Appellate Case Summaries
- Appellate case limits right of suspended corporation to revive statute of limitations in CEQA case
- Appellate Court holds CEQA does not require affordable housing alternative in EIR if that is not a foreseeable use
- California Supreme Court Deals Major Victory to Policyholders with Progressive Losses
- CEQA project approved at time of commitment to a project, which can be difficult to discern at times
- CEQA’s statute of limitations begins when the project is approved, not 35 days after a Notice of Exemption is filed when the filing occurs before the approval.
- City and Regents’ housing project in drought-prone area failed to satisfy CEQA where the project description omitted required LAFCO approval and the alternatives omitted reduced-water considerations.
- Court affirms Regional Water Board’s fines under Clean Water Act for sediment-laden stormwater discharge to ephemeral drainage with hydrologic connection to navigable water.
- Court allows class action to proceed against Chevron over allegations it overcharges for gasoline above 60 degrees F; Court says judicial abstention is not appropriate.
- Court approves California Air Resources Board's Climate Change Scoping Plan
- Court confirms tolling agreements to try to resolve CEQA disputes are permissible, despite seemingly mandatory filing deadlines.
- Court finds flaws in Fannita Ranch EIR for failure to specify mitigation guidelines or explain questions about water supply.
- Court finds RWQCB violated law by issuing permit to dairies in Central Valley to dispose of waste to groundwater without first making findings that such discharge complied with the state’s anti-degradation policy.
- Court finds zoning administrator’s approval of Wal-Mart Supercenter is a zoning decision subject to 90-day statute of limitation.
- Court holds attorney fees recoverable by attorney who was member of petitioner group in CEQA case
- Court holds buyer can apply the "discovery" rule to delay the statute of limitation in a suit against his broker for concealing construction defects.
- Court holds future projected conditions may be appropriately used under CEQA as baseline for long-term infrastructure projects
- Court holds RWQCB issuance of NPDES permit to Poseidon for desalinization plant properly minimizes intake and kill of marine life through a mix of feasible onsite measures and offsite mitigation.
- Court holds State Lands Commission need not consider alternate public trust use when renewing marine terminal lease; lease renewal as CEQA project does not trigger assessment of claimed impacts of the existing use
- Court of Appeal affirms rare taking due to spot zoning
- Court of Appeal applies 90-day statute of limitations to city denial of zoning change
- Court of Appeal concludes that size matters! Large home proposed for Berkeley hillside requires EIR
- Court of Appeal holds county should have prepared tiered EIR instead of a negative declaration with regard to an oak woodland management plan and mitigation fee program
- Court of Appeal holds steel, aluminum, and other component parts supplied to a manufacturer were not inherently defective and do not result in liability for a worker's claimed toxic torts from fume and dust inhalation
- Court of Appeal trims Coastal Commission assertion of authority.
- Court rules city’s adoption of a project proposed in an initiative (without an election) was a discretionary act requiring CEQA compliance.
- Court says asbestos removal is act of pollution and excluded from insurance coverage.
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