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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

Texas Groundwater Case Opens New Front in Regulatory Takings Claims

by Williams Mullen on

Water rights lawsuits are not new. But a recent ruling in Texas sets new precedent in the fight for groundwater. There, a Texas trial court recently awarded pecan farmers Glenn and JoLynn Bragg $2.5 million for their lost...more

Real Estate and Land Use - January 2016

Using Project Objectives to Select a Reasonable Range of Alternatives - North Coast Rivers Alliance v. A.G. Kawamura (January 4, 2016) Third District Court of Appeal Case No. C072067 - Why It Matters: This opinion...more

CDFA Program EIR Violates CEQA By Failing To Analyze Invasive Moth Control Program As Alternative To Eradication, Holds Third...

by Miller Starr Regalia on

In a lengthy opinion filed December 2, 2015, and belatedly ordered published on January 4, 2016, the Third District Court of Appeal invalidated the California Department of Food and Agriculture’s (CDFA) programmatic EIR for a...more

Homebuilders Welcome Recent Court Decisions

by Snell & Wilmer on

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

Court Holds Company Was Penalized Twice for Same Violation

by Williams Mullen on

The North Carolina Court of Appeals recently issued an opinion that should help clear up this question: When violations of water quality standards occur because of an unauthorized discharge, may penalties be imposed for both...more

N.C. Court Reminds Litigants of Need to Preserve "Status Quo" When Appealing Denial of Preliminary Injunction

Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more

California Appellate Court: CDFW Notification Required for Water Diversions

by Best Best & Krieger LLP on

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially...

by Stoel Rives LLP on

On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual...more

EPA and Corps Final Clean Water Rule’s Potential Impacts on Farming

by Dorsey & Whitney LLP on

The Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a final rule on May 27, 2015, that purports to clarify the definition of “waters of the United States” under the Clean Water Act...more

Vineyard's Attorney Fees Claim Turns Into Sour Grapes

by Hinshaw & Culbertson LLP on

In Belle Terre Ranch Inc. v. Wilson, 2015 DJDAR 506, the California Court of Appeal for the First Appellate District decided an agricultural trespass action involving an attorney fees claim....more

Protective Order Issued in Suit to Stop EPA from Releasing Farmers’ Information

by Varnum LLP on

A federal district court in Minnesota recently issued a protective order prohibiting the EPA from releasing information about animal feeding operations—including farmers' names, home addresses, telephone numbers and email...more

Federal District Court Doubles Down, Vacates Hawaii County GMO Ban

by BakerHostetler on

On November 26, Magistrate Judge Barry Kurren struck down Hawaii County’s Ordinance 13-121, which restricts the open-air growth and cultivation of genetically engineered crops or plants (GMOs). See Slip Op. at 28. In this...more

Beveridge & Diamond Wins Preemption Decision in Washington State Court of Appeals

by Beveridge & Diamond PC on

Appellate litigators in Beveridge & Diamond’s District of Columbia office, working with the Washington Department of Ecology, secured a unanimous decision from the Washington Court of Appeals striking down a county ban on...more

Do Takes of the Utah Prairie Dog Affect Interstate Commerce? Only When McDonalds Starts Serving Prairie Burgers

Earlier this week, in a suit brought by the beautifully named People for the Ethical Treatment of Property Owners, Judge Dee Benson ruled that the United States Fish and Wildlife Service could not regulate takes of the Utah...more

Court Holds Congress Lacks Power to Regulate Take of Intrastate Species that Has No Substantial Effect on Commerce

by Nossaman LLP on

On November 4th, the U.S. District Court for the District of Utah invalidated the special rule issued by the U.S. Fish and Wildlife Service (Service) regulating take of the threatened Utah prairie dog, a species that only...more

Rural Nevada Anti-Fracking Group Seeks to Enjoin Oil and Gas Lease Sale

by BakerHostetler on

Reese River Basin Citizens Against Fracking filed a complaint in federal court on June 27, seeking to enjoin the United States Bureau of Land Management (BLM) from holding an oil and gas lease sale. The rural group is...more

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

by Miller Starr Regalia on

In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more

The Grapes of Wrath Part II - A Return to Horne

by Nossaman LLP on

In June of last year, the U.S. Supreme Court issued a unanimous opinion in Horne v. Department of Agriculture holding that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement...more

The Answer, My Friend, Is Not Blowin’ In The Wind: Waste From CAFO Ventilation Fans Does Not Require an NPDES Permit

Earlier this year, in her aptly named post “What the Cluck?”, Patricia Finn Braddock, noted that a state court in North Carolina had held that wastes from poultry farms, blown by ventilators from confinement houses and then...more

First District Publishes Significant CEQA Decision On Legal Feasibility Of Mitigation For Prime Farmland Losses In Masonite...

by Miller Starr Regalia on

In a partially-published opinion filed July 25, 2013, the First District Court of Appeal reversed the trial court’s judgment denying a writ petition with directions that the County of Mendocino prepare and circulate a...more

Court Finds Public Interest In Meeting Renewable Energy Goals in California Outweighs Efforts To Preserve Agricultural Lands -...

by Best Best & Krieger LLP on

In Save Panoche Valley v. San Benito County, the Sixth District Court of Appeal upheld the county’s approval of a 420-megawatt photovoltaic solar plant. The court found that the county had substantial evidence to support its...more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

by Saul Ewing LLP on

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Ninth Circuit Ruling that Rainwater Runoff from Logging Roads Is a Point Source Discharge Requiring NPDES Permitting Is Under...

In August, 2010, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in NEDC v. Brown, in which the court overturned more than 35 years of U.S. Environmental Protection Agency (EPA) regulations governing storm...more

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