Environmental Zoning, Planning & Land Use Civil Remedies

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Public Agency May Recover the Cost of Supplementing Administrative Record

In CEQA litigation, the party challenging the project can either request that the agency prepare the record of proceedings (“Record”), or prepare the Record itself, subject to certification by the lead agency. In either case,...more

Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth...

In a partially-published opinion filed September 29, 2014, the Fourth District Court of Appeal affirmed an order and judgment permitting the County of San Diego to recover actual labor costs incurred for an attorney and...more

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time...more

CEQA Reform in the Courts – Public Agency Can Recover Costs Despite Petitioner's Election

After Governor Brown took office for the second time, CEQA reform through the Legislature seemed like a distinct possibility. While that possibility has all but evaporated, recent rulings suggest that courts are taking a...more

CEQA Administrative Record Preparation Costs – Who Pays and When? First District Provides Guidance In Coalition For Adequate...

In a published decision filed September 15, 2014, the First District Court of Appeal reversed and remanded a trial court’s post-judgment order granting an unsuccessful CEQA petitioner’s motion to tax the entire $64,144 cost...more

Yes, Virginia, It Is Possible To Win A Fee Award Against An Environmental NGO

Last week, Judge Walter Smith, Jr., ordered the Sierra Club to pay more than six million dollars – yes, you read that correctly – to Energy Future Holdings and Luminant Generation, after finding that the Sierra Club’s Clean...more

CEQA: Are time extensions for nonconforming uses exempt from review?

Is an extension of time for an existing nonconforming use exempt from CEQA review? A new writ action just filed proposes to resolve that issue....more

Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm

The Fifth Circuit's recent decision in The Aransas Project v. Shaw, No. 13-40317 (5th Cir. June 30, 2014), clarified two points relating to the element of causation in claims under the Endangered Species Act (ESA). ...more

Environmental Alert: "Clearly Allocate Risk of Change Interpretations in Transactions"

When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more

District Court Denies Motion to Enjoin Delta Water Transfers

Last Friday, the U.S. District Court for the Eastern District of California denied a motion brought by environmental groups to enjoin a water transfer project in the Sacramento-San Joaquin River Delta (Delta). Plaintiffs...more

Proximate Cause and Foreseeability Are Required Elements of Endangered Species Act Liability: Fifth Circuit Reverses Injunction...

The Fifth Circuit Court of Appeals has reversed an injunction that would have prohibited the Texas Commission on Environmental Quality (“TCEQ”) from issuing new water withdrawal permits affecting an estuary where...more

California Environmental Law and Policy Update - June 2014

Environmental and Policy Focus: California is ahead of EPA on climate rules - Los Angeles Times - Jun 5: In 2006, when California adopted AB 32, its landmark global warming law, it acted virtually alone. Now, the state...more

East Windsor Inland Wetland & Watercourse Agency, Et Al. v. Steven Dearborn, Et Al.

Memorandum of Decision

After about seven years of trying to get a landowner to comply with its zoning and wetland regulations, the Town of East Windsor looked to the courts for enforcement help. In a decision released on May 29th 2014 by Superior...more

CT Law of the Land

AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

Illinois Supreme Court Agrees to Decide Complex Landfill Dispute

Can the Illinois state courts order mandatory cleanups of older landfills? The Illinois Supreme Court agreed to decide that issue late last month, allowing a petition for leave to appeal in People ex rel. Madigan v. J. T....more

No Bull: Santa Cruz County Rodeo Qualifies for CEQA Exemption

In Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association, et al. (3rd App. Dist., March 26, 2014), the appellate court affirmed the trial court’s decision to exempt a...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

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

Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

Breathing New Life Into Pennsylvania’s Environmental Rights Amendment

On Dec. 19, 2013, the Pennsylvania Supreme Court issued a controversial decision in Robinson Township v. Commonwealth of Pennsylvania addressing the injunction entered by the Commonwealth Court enjoining the enforcement of a...more

Divisional Court Overturns Environmental Review Tribunal Decision and Allows Wind Project to Proceed

In an important decision for stakeholders in the Ontario renewable energy industry, the Divisional Court of Ontario overturned the July 2013 decision by the Environmental Review Tribunal (the ERT) in Ostrander Point. In its...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

Fracking: A New Contact Sport

One of the more interesting developments coming from the rise in hydraulic fracturing (fracking) is the efforts by municipalities to prohibit or limit fracking in their backyards, and the ensuing debates on the...more

A Tale of Two Pipelines: This Week in the News

It was the best of times, it was the worst of times…for two pipeline projects in the West. TransCanada was successful in the Tenth Circuit on Thursday in its continuing efforts to defend against a preliminary...more

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