Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

“Breaking Down CEQA’s Administrative Record Statute: Fifth District Explains What’s In and What’s Out”

by Miller Starr Regalia on 5/23/2012

In a highly detailed and analytical opinion, the Fifth District Court of Appeal addressed and answered numerous novel legal questions regarding the proper interpretation and application of Public Resources Code § 21167.6(e),...more

Sierra Club v. Napa: Sequential Lot Line Adjustments are Consistent with the Subdivision Map Act and are Exempt from CEQA

by Allen Matkins Leck Gamble Mallory & Natsis... on 5/4/2012

Senate Bill No. 497, enacted into law in 2001, amended the Lot Line Adjustment (LLA) provisions of § 66412 (d) of the Subdivision Map Act. Since that time, the interpretation and implementation of that law has been as varied...more

The Shale Play Today - April 2012

by Spilman Thomas & Battle, PLLC on 5/1/2012

In This Issue: - USEPA Issues New Air Regulations for Oil and Gas Industry - Pa. Supreme Court Endorses Subjective Test in Jedlicka - Update on Pa. Municipality Act 13 Lawsuit - Morgantown, W.Va. Works Around...more

CEQA Limitations Period Tolling Agreements Upheld By First District Court of Appeal

by Miller Starr Regalia on 4/30/2012

Rejecting intervenors’ challenges to a pre-litigation tolling agreement between a CEQA plaintiff (Salmon Protection and Watershed Network, or “SPAWN”) and Marin County, in an action challenging the EIR for a countrywide...more

Update on Pa. Municipality Act 13 Lawsuit

by Spilman Thomas & Battle, PLLC on 4/30/2012

As reported in the March edition of The Shale Play Today, seven Pennsylvania municipalities filed suit in the Commonwealth Court on March 29, 2012, challenging the provision of Act 13 providing that state law preempts the...more

Appellate Court Upholds Use of Future CEQA Baseline in Neighbors for Smart Rail and Rejects Sunnyvale Holding

by Allen Matkins Leck Gamble Mallory & Natsis... on 4/26/2012

On April 17, 2012, the Court of Appeal for the Second Appellate District issued its opinion in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority holding that in certain circumstances – projected future...more

Low Carbon Fuel Standard Provisions Enforceable Again

by Manatt, Phelps & Phillips, LLP on 4/26/2012

In what is starting to become routine in California, a court has again decided the fate, at least temporarily, of another AB 32 program. Earlier this week, the Ninth Circuit lifted an injunction which prevented the California...more

Parties Can Toll CEQA Statute of Limitations

by Greenberg Glusker Fields Claman & Machtinger... on 4/25/2012

Environmental LitigationLast week, in Salmon Protection and Watershed Network v. County of Marin, the California Court of Appeals found that a public agency and a party disputing the adequacy of an environmental impact report...more

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

by Sheppard Mullin Richter & Hampton LLP on 4/25/2012

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more

No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation

by Kronick, Moskovitz, Tiedemann & Girard on 4/24/2012

A California court of appeal recently rejected a landowner’s claim that newly purchased replacement property should be exempt from reassessment and the establishment of a new base year value because the landowner sold his...more

Second Appellate District Approves Use of Projected Future Baseline to Measure Environmental Impacts in L.A. Light Rail Case

by Greenberg Glusker Fields Claman & Machtinger... on 4/23/2012

On Tuesday, the Second District Court of Appeal issued its decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, ruling that a lead agency’s use of projected future conditions to measure the...more

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Civil Procedure – May 23, 2012

Narrowed by: Zoning, Planning & Land Use

“Breaking Down CEQA’s Administrative Record Statute: Fifth District Explains What’s In and What’s Out”

Sierra Club v. Napa: Sequential Lot Line Adjustments are Consistent with the Subdivision Map Act and are Exempt from CEQA

The Shale Play Today - April 2012

CEQA Limitations Period Tolling Agreements Upheld By First District Court of Appeal

Update on Pa. Municipality Act 13 Lawsuit

Appellate Court Upholds Use of Future CEQA Baseline in Neighbors for Smart Rail and Rejects Sunnyvale Holding

Low Carbon Fuel Standard Provisions Enforceable Again

Parties Can Toll CEQA Statute of Limitations

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation

Second Appellate District Approves Use of Projected Future Baseline to Measure Environmental Impacts in L.A. Light Rail Case

Virginia Supreme Court Opinions Affecting Local Government Law: April 20, 2012

Court Upholds Use of Future CEQA Baseline, Contravening Sunnyvale and Madera

Opening The Door To EPA Challenges — But Only So Far

Bans Upheld In Lower Court

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