Co-Author Minoah Milam The Court of Appeals of Minnesota (“Court”) addressed in a May 20th Opinion, issues arising out of a landowner’s actions to address water flow onto her property. See Plymouth v. Kristensen No....more
The John O. Nix Trust (“Nix”) filed an October 10th Complaint in Miller County, Arkansas, Circuit Court against Bradley Enterprise & Farm, LLC, (“Bradley”) and Drainage Districts No. 4 & 5 (“District”) addressing the...more
In a recent California trial court decision, Casa Mira Homeowners Association v. California Coastal Commission (Casa Mira), the court added another significant page in the decades-long debate over which coastal properties are...more
The past month of storms along the Pacific Coast have led to more than $15B in property and infrastructure damage from coastal erosion, mud slides and compound flooding. The Nine “atmospheric river” events that occurred in...more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
The Illinois River Watershed Partnership (“IRWP”) released a September 2021 report on what it describes as a: ...multi-year study on streambank erosion in the Illinois River Watershed... The report is titled: ...more
What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - Article II, Section 2 of the Constitution vests the President, with the advice...more
Building on the progress from the 2020 legislative session and the passage of the Virginia Clean Economy Act (VCEA), the Virginia General Assembly passed several important pieces of legislation affecting the solar and energy...more
There are 7,719 miles of tidal shoreline in Maryland along the Chesapeake Bay and its tributaries, according to the Maryland Geological Survey. The vast majority of that shoreline is privately owned, thereby limiting the...more
In an opinion filed September 6, and later ordered published on October 7, 2019, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying plaintiff groups’ writ petition challenging Sonoma...more
The Village of North Haven is a peninsula of land located on Noyac Bay in the Town of Southampton near Sag Harbor. Pursuant to Village Code §163-48(A), site plan review shall be required for “any proposed construction of a...more
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more
Focus - Climate lawsuits, once limited to the coasts, jump inland - THE NEW YORK TIMES - Apr 18 Until recently, communities suing fossil fuel companies over the costs of climate change have been located on the coasts:...more
Disagreement over the definition of the word “existing” in discussion over shoreline protection took center stage in the City of San Clemente’s Coastal Land Use Plan update....more
A November 10th blog post by Kennedy/Jenks Consultants discussed potential stormwater management issues associated with solar photovoltaic (“PV”) facilities. Their post discusses what they describe as: . . . the unique...more
In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more
A property owner who obtains a development permit will forfeit his right to challenge conditions imposed on that permit by proceeding with the development, the California Supreme said Thursday. ...more
On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more
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
One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more
California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more
California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more
In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more
The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more
On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more