Environmental Zoning, Planning & Land Use Civil Remedies

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
News & Analysis as of

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

Landmark Decision Issued on Proper Environmental Baseline under

In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its...more

More on Old NSR Claims: Injunctive Relief Remains Available Against Original Owners Foolish Enough Not to Have Sold

As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to implementing major modifications are not continuing, but are instead one-time...more

Court Holds Biological Assessment Reviewable, But Denies Temporary Injunctive Relief

On July 17, 2013, the United States District Court for the District of Oregon, after finding that the plaintiffs could not establish a likelihood of success on the merits, denied a motion to enjoin a 28,545 acre vegetation...more

Washington Legislature Passes Significant Changes To The Model Toxics Control Act

During the waning hours of the legislative session, the Washington State Legislature passed Substitute Senate Bill 5296 (SSB 5296) by large majorities and Governor Inslee signed the bill without changes. ...more

Extra Record Evidence Saves Forest Service From Section 7(d) Violation

Late last month, the United States District Court for the District of Idaho denied preliminary injunctive relief in an Endangered Species Act case against the Fish and Wildlife Service (FWS) and Forest Service, even though it...more

Plaintiffs Claim Victory In Sharp Park Case Despite Mixed Record Of Success

On July 1, 2013, the United States District Court for the Northern District of California issued an order granting, in part, Plaintiffs’ motion for attorneys fees in Wild Equity Institute v. City and County of San Francisco,...more

92 Results
|
View per page
Page: of 4

Follow Environmental Updates on: