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Civil Remedies Environmental Constitutional Law

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

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

by Nossaman LLP on

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

US Circuit Court of Appeals for the DC Circuit delays oral arguments in Clean Power Plan litigation

by Dentons on

On May 16, the US Court of Appeals for the District of Columbia Circuit announced that it was delaying scheduled June 2 oral arguments before a three-judge panel in litigation over the Clean Power Plan. Instead, the DC...more

Updates on Environmental, Administrative and Regulatory Law: EARL e-News: Sixth Circuit Stays New 'Waters of the United States'...

by Nexsen Pruet, PLLC on

On October 9th, the U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay precluding implementation of controversial new rules issued by the Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

Commonwealth Court Rejects Constitutional Challenge to Natural Gas Production on State-Owned Lands and Use of Lease Funds in...

The Commonwealth Court of Pennsylvania has dismissed a lawsuit filed by the Pennsylvania Environmental Defense Foundation (PEDF) to declare unconstitutional and enjoin natural gas extraction from State park and forest land....more

Condemnation and Contamination: The Spectre of Double Liability

by Nossaman LLP on

Agencies acquiring private property for a public project conduct thorough investigations to determine whether the property has environmental contamination. If contamination is found, the question arises whether evidence of...more

What CEQA Gives, The Legislature Can Take Away: Third District Holds Special Legislation For Sacramento Kings Downtown Arena...

by Miller Starr Regalia on

The Third District Court of Appeal, in a published opinion filed November 20, 2014, affirmed the trial court’s order denying plaintiffs’ application for a preliminary injunction seeking to halt construction of a massive new...more

Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals

Shell Gulf of Mexico, Inc., v. Center for Biological Diversity, (11/12/14, No. 13-35835) The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a...more

Opponents of Arena Project Foul Out

by Nossaman LLP on

On November 20, 2014, the Third District Court of Appeal (Court) handed a partial victory to the City of Sacramento (City), rejecting petitioners' appeal and thereby authorizing the continued construction of the Sacramento...more

District of Arizona Rethinks NEPA’s Zone of Interests in Light of Recent Supreme Court Opinion on “Prudential” Standing

by BakerHostetler on

On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014). As part of this order,...more

Property Reserve, Inc. v. Superior Court: California Property Owners Secure Victory in New Eminent Domain Opinion

In a victory for California property owners, the California Court of Appeal, on March 13, 2014, issued a new opinion holding that the State of California's proposed entry onto hundreds of properties in Northern California for...more

Precondemnation "Right of Entry" Statutes Challenged as Unconstitutional Takings

by Nossaman LLP on

For years, public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action. ...more

Contrary Legal Winds At Cape Wind - Opponents Of Offshore Wind Sue Asserting Preemption

Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is...more

United States Supreme Court Rules in Favor of Real Property Owner in Federal Constitutional Takings Case

The Supreme Court of the United States published an important land use case on June 25, 2013, which provided a partial victory for a real property owner, based on the denial of a permit by a Florida permitting agency. The...more

Supreme Court decision will impact land-development projects nationwide

by Saul Ewing LLP on

In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential...more

U.S. Supreme Court Rules For Property Owner In Important Takings Case

by Perkins Coie on

In a 5-4 decision, the U. S. Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the...more

Denying Land-Use Approval if a Land Owner Will Not Pay for Mitigation Efforts Triggers Heightened Constitutional Scrutiny - U.S....

by Best Best & Krieger LLP on

If a governmental authority denies approval of a land-use permit because an applicant refuses to spend money on a government project, such as a mitigation project, the government must defend its denial under heightened...more

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

by Miller Starr Regalia on

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more

Federal Court Holds Local Law Preempted By ESA Settlement

by Nossaman LLP on

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

What is the "relevant parcel" in a regulatory takings case?

by Nossaman LLP on

In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more

Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

by Nossaman LLP on

The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more

RCRA Citizen Suits Are Still Constitutional

2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more

Marzulla Law Legal Report - July 29, 2011

by Nancie G. Marzulla on

In This Issue: - Federal Government Admits To Liability In Land Takings: The Otay And Bassett Cases Sometimes the evidence of a taking is so overwhelming that even the federal government has to concede liability....more

President Aquino as Cotabato Water Hyacinth Remover

by Rey Cartojano on

It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more

Marzulla Law Legal Report - March 24, 2011

by Nancie G. Marzulla on

In This Issue: - Victory For Landowners In Klamath Water Basin Takings Case - Staff Spotlight: Melissa Vedder - About Our Law Firm Exerpt from "Victory For Landowners In Klamath Water Basin Takings Case" The Fifth...more

Constitutional and SEQRA challenge to local law restricting landlords fails as court holds law valid

Fourth Department decision holds local law validNew York

by Reuben Ortenberg on

A landlord association challenged by a hybrid Article 78 and Declaratory Judgment action a Village of Brockport, New York local law, LL8-2008, which requires landlords to register their properties with the code enforcement...more

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