Sean Sherlock

Sean Sherlock

Snell & Wilmer

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Project Built at Variance With EIR Subject to Late CEQA Lawsuit

Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination. But a recent...more

12/26/2014 - CEQA Environmental Impact Report EPA Statute of Limitations

California Case Requires Arbitration Despite Lack of Actual Controversy

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

12/11/2014 - Appeals Arbitration Buy-Sell Agreements Commercial Leases Contract Disputes Security Agreements

CEQA Lawsuit to Enforce Climate Change Mitigation Measure Prevails

On October 29, 2014 the California Court of Appeal affirmed a trial court’s judgment enforcing a mitigation measure adopted by a county in its program environmental impact report (PEIR). As of the date of this blog post,...more

11/14/2014 - Appeals CEQA Climate Change Environmental Impact Report General Plan Greenhouse Gas Emissions Mitigation San Diego Sierra Club

New California Case Illustrates Peril of Full Credit Bid

In a new California case, a lender that made a full credit bid at a foreclosure sale lost its right as mortgagee under a lender’s insurance policy for damage to the property that occurred prior to foreclosure. This was so...more

10/7/2014 - Appeals Deed of Trust Foreclosure Full Credit Bid Lender-Placed Insurance Property Damage Secured Lenders

California Scores Another Cap-and-Trade Victory

The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of...more

2/15/2013 - Additionality Cap-and-Trade CARB CARB Allowances Carbon Off-Set Credits Global Warming Solutions Act Greenhouse Gas Emissions

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