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Category Archives: Appellate Case Summaries
Ninth Circuit finds EPA’s approval of State Implementation Plan dealing with ozone in San Joaquin Valley was arbitrary and capricious by relying on old data
Sierra Club v. U.S. E.P.A. (9th Cir. 2012) Jan. 20, 2012 2012 DJDAR 844 10-71457 Environmental organizations challenged the federal EPA’s approval in 2010 of California’s proposed 2004 state implementation plan (SIP) for the San Joaquin Valley’s nonattainment area for … Continue reading
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New California Supreme Court decision limits exposure to asbestos liability
O’Neil v. Crane Co., Cal. S177401, Jan. 12, 2012 The California Supreme Court held that manufacturers of valves and pumps, which were integrated into boilers that had asbestos insulation, were not strictly liable for personal injuries resulting from exposure to … Continue reading
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Appellate Court holds CEQA does not require affordable housing alternative in EIR if that is not a foreseeable use
The Flanders Foundation v. City of Carmel-by-the-Sea Cal.App. , DJDAR 121 (Jan. 4, 2012) The City of Carmel-by-the-Sea intended to sell an historical piece of real property that was constrained to historical uses. As a result, the city did not … Continue reading
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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
Citizens for East Shores Park v. Cal. State Lands Commission 2012 DJDAR 28. A129896 (December 30, 2011) A citizen’s group challenged the State Lands Commission’s approval of a lease renewal with Chevron for a bayside terminal, claiming the Commission violated … Continue reading
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Court of Appeal affirms rare taking due to spot zoning
Avenida San Juan Partnership v. City of San Clemente 201 Cal.App.4th 1256 (2011) (4th Dist., Div. 3) December 14, 2011 The plaintiff acquired 2.85 acres of undeveloped land in 1980, which allowed six dwellings per acre at the time. After … Continue reading
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Summary of case involving CEQA challenge to EIR based on traffic conditions: Pfeiffer v. City of Sunnyvale (Nov. 22, 2011)
Pfeiffer v. City of Sunnyvale (Nov. 22, 2011) Cal. Court of Appeal (6th District) H036310 Interesting case involving CEQA challenge to EIR based on traffic conditions: SUMMARY OF KEY FACTS: The project proponent sought in this case to demolish a … Continue reading
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Appellate case limits right of suspended corporation to revive statute of limitations in CEQA case
Friends of Shingle Springs Interchange Inc. v. County of El Dorado, Cal.App.4th , DJDAR16849 (Nov. 22, 2011) When a corporation’s powers are suspended, it lacks standing to sue. Substantial compliance with corporate laws may restore such standing, however, the Court … Continue reading
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Summary of case involving the role of CEQA in assessing impact of global warming on project: Ballona v. Los Angeles (Nov. 9, 2011)
Ballona Wetlands Land Trust v. City of Los Angeles ((November 9, 2011) Cal. Court of Appeal (Second District, Division 3) B231965 Interesting case involving the role of California Environmental Quality Act (CEQA) in assessing potential flooding of proposed project due … Continue reading
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Ninth Circuit affirms dismissal of toxic tort plaintiffs who failed to make prima facie case of exposure and causation.
Avila v. Willits Environmental Remediation Trust, 633 F.3d 828 (9th Cir. 2011), cert. denied (2011 U.S. LEXIS 5526, Oct. 3, 2011) The Ninth Circuit dismissed portions of a mass toxic tort case by affirming the discretion of the district court … Continue reading
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Summary of case showing how a homeowners’ association’s CC&Rs can conflict with an owner’s solar energy plans
Teroso Del Valle Homeowners Assoc. v. Griffin (October 3, 2011) Cal. Court of Appeal (Second District, Division 2) B222531 Interesting case showing how a homeowners’ association’s CC&Rs can conflict with an owner’s solar energy plans: SUMMARY OF KEY FACTS: After … Continue reading
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