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Category Archives: Appellate Case Summaries
Court confirms tolling agreements to try to resolve CEQA disputes are permissible, despite seemingly mandatory filing deadlines.
Salmon Protection and Watershed Network v. County of Marin 2012 DJDAR 5063 No. A133109 (April 20, 2012) (Cal. Ct. of Appeal, 1st App. Dist.) Salmon Protection and Watershed Network (SPAWN) filed a petition for writ of mandate against the County … Continue reading
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Court holds future projected conditions may be appropriately used under CEQA as baseline for long-term infrastructure projects
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, 204 Cal. App. 4th 1480 (2012) April 17, 2012 B232655 (2nd Dist., Div. 8) This case involves a CEQA challenge to the second phase of a light rail connection from downtown … Continue reading
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Court holds buyer can apply the “discovery” rule to delay the statute of limitation in a suit against his broker for concealing construction defects.
Lyon & Associates v. Henley (Cal. Court of Appeal, 3rd District) 2012 DJDAR 4655 (April 12, 2012) Lyon & Associates involved a claim by the buyer of a house against the broker acting as a dual agent for both buyer … Continue reading
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U.S. Supreme Court holds party subject to EPA compliance order under the Clean Water Act may seek judicial review to challenge the order before complying.
Sackett v. EPA March 21, 2012 U.S. Supreme Court No. 10-1062; 2012 DJDAR 3737 Petitioners owned property in Idaho separated by several built properties from a lake. They filled part of their lot with fill and dirt in anticipation of building … Continue reading
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Court of Appeal concludes that size matters! Large home proposed for Berkeley hillside requires EIR
Berkeley Hillside Preservation v. City of Berkeley (Feb. 15, 2012) (First Dist.) 2012 DJDAR 2123 A131254 Size Matters! The trial court ruled the City of Berkeley’s categorical exemption under CEQA and approval of a permit to construct a large single-family … Continue reading
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Ninth Circuit finds Forest Service failed to consider environmental impacts to fish of logging and grazing plan
Pacific Rivers Council v. U.S. Forest Service Feb. 3, 2012 (9th Cir.) 08-17656 The Ninth Circuit held the U.S. Forest Service (USFS) failed to comply with National Environmental Policy Act (NEPA) when it failed to discuss the environmental impacts on … Continue reading
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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
Maxton v. Western States Metals Feb. 1, 2012 Cal. Court of Appeal (Second Dist., Div. Three) 2012 DJDAR 1320 B227000 The Court of Appeal affirmed the trial court ruling that a worker, who claimed to have suffered pulmonary fibrosis as … Continue reading
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Court of Appeal applies 90-day statute of limitations to city denial of zoning change
General Development, LP v. City of Santa Maria (January 25, 2012) Cal. Court of Appeal (Second District, Division 6) B228631 The Court of Appeal held that the short 90-day statute of limitations contained in Government Code section 65009 barred a … Continue reading
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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.
Klein v. Chevron USA, Inc. (2nd Dist.) B219113 (Jan. 25, 2012) Class action plaintiffs sued Chevron, alleging that Chevron overcharged California customers for gasoline by failing to adjust the price when selling gas above 60 degrees F. It was uncontested … Continue reading
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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
Center for Sierra Nevada Conservation v. County of El Dorado Jan. 20, 2012 Cal. Court of Appeal (3rd App. Dist.) 2012 DJDAR C064875 The Court of Appeal reversed the trial court’s approval of the County’s Negative Declaration in conjunction with … Continue reading
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