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“Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of...

The Water Replenishment District of Southern California (“District”) protects groundwater quality in Los Angeles County groundwater basins from overuse and saltwater intrusion. The District finances its efforts through an...more

11/8/2013 - Environmental Claims Groundwater State and Local Government Tax Assessment Tax Liability

Local Initiative Measures May Not Set Water Rates Lower than Amount Needed to Cover Required Costs under the Water Code

After a county water district raised its water and sewer rates, opponents of the rate hikes qualified two initiatives for the ballot to reverse the increase. The district filed a court action for declaratory relief, arguing...more

8/19/2013 - Anti-SLAPP Consumer Utility Costs Declaratory Judgments Water

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

4/1/2013 - CEQA Environmental Impact Report Land Developers Misrepresentation Municipalities Urban Planning & Development Water

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

In a case demonstrating the importance of a well-crafted statement of objectives, the appellate court held that a city erred in certifying a final environmental impact report (“EIR”) and approving a project because the EIR...more

1/23/2013 - Appeals CEQA Environmental Impact Report Permits Project Objectives Reversal

Flood Control District Wins Dispute Over Discharge Of Storm Water That Flows Through Improved Portions Of Navigable Waterways

In its most recent foray into the meaning of the Clean Water Act, the Supreme Court has answered the fundamental question: “Does a ‘discharge of pollutants’ occur when polluted water flows from one portion of a river that is...more

1/21/2013 - Clean Water Act Discharge of Pollutants Los Angeles County Flood Control District Permits SCOTUS Storm Water

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