News & Analysis as of

Appeals Mitigation

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

Perkins Coie

Compensatory Mitigation Infeasible for Loss of Historic Building

Perkins Coie on

The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more

Mintz

Vineyard Wind has almost succeeded in ending one of the three NIMBY lawsuits against it but that's beside the point.

Mintz on

ACK Rat's attempt to kill the Vineyard Wind project came closer to an unsuccessful end this week when Federal Judge Talwani granted a motion for summary judgment against ACK Rat and its founder that will end the case unless...more

Perkins Coie

Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

Perkins Coie on

A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees. The Sixth District Court of Appeal held that the...more

McDermott Will & Emery

The 411 on Employment Background Checks in Stock and Asset Transactions

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Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

Perkins Coie

EIR For Martis Valley Project Near Lake Tahoe Rejected on Four Grounds But Wildfire Evacuation Analysis Complied with CEQA

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In a lengthy opinion tackling several of CEQA’s hot topics, a court of appeal has rejected the EIR for the Martis Valley West project, finding its Lake Tahoe water quality analysis, GHG and traffic mitigation measures, and...more

Smart & Biggar

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

Smart & Biggar on

Update: On September 28, 2021, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 39851).  On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC)...more

Downey Brand LLP

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

Downey Brand LLP on

In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional...more

Perkins Coie

Court Holds That CEQA Does Not Limit Agencies’ Authority to Impose Mitigation Pursuant to Other Laws

Perkins Coie on

The First District Court of Appeal ruled that CEQA does not constrain an agency’s authority to administer and enforce any other laws, including those authorizing imposition of mitigation requirements. Thus, even after an EIR...more

Perkins Coie

Do Conservation Easements Provide Effective Mitigation for Loss of Farmland to Development?

Perkins Coie on

In 2018, the CEQA Guideline which defines the term “mitigation” was amended to add “conservation easements” to the list of measures that can provide “compensatory” mitigation for an environmental impact. Guideline §15370(e)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more

Perkins Coie

EIR Improperly Deferred Formulation and Implementation of Mitigation Measures for New Oil and Gas Drilling

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The Fifth Circuit Court of Appeal found multiple defects in a Kern County EIR for a proposed ordinance streamlining the permitting process for new oil and gas wells. King and Gardiner Farms, LLC v. County Kern 45 Cal.App.5th...more

Perkins Coie

CEQA Year in Review 2019

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more

Perkins Coie

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures

Perkins Coie on

An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Greater Basin., 3d Dist. Court of Appeal Case No. C080342 (certified...more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Downey Brand LLP

Second Appellate District Rejects Challenge to EIR Alternatives Analysis for West Hollywood Redevelopment Project

Downey Brand LLP on

On December 22, the Second Appellate District certified for publication its November 30 opinion in Los Angeles Conservancy v. City of West Hollywood, concerning a proposed mixed-use redevelopment of the “Melrose Triangle”...more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Miller Starr Regalia

Sierra Club/CBD Seek Depublication of CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction

Miller Starr Regalia on

On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme...more

Miller Starr Regalia

Fourth District Affirms Judgment Rejecting Numerous CEQA Challenges to EIR and Approval Process for Large Master-Planned Riverside...

Miller Starr Regalia on

In a 46-page opinion filed February 14 and ordered published on March 15, 2017, the Fourth District Court of Appeal rejected numerous CEQA challenges to Riverside County’s approval of an EIR for Specific Plan 380, a 200-acre...more

Miller Starr Regalia

Sacramento Residential Infill Project EIR Violated CEQA By Basing Less-Than-Significant Traffic Impact Finding Solely On...

Miller Starr Regalia on

On November 7, 2016, the Third District Court of Appeal filed a published opinion mostly upholding the EIR for a 48.75-acre, 328-unit residential infill project (known as McKinley Village) against various CEQA challenges, and...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Miller Starr Regalia

Sixth District Rejects SMARA And CEQA Challenges To Permanente Quarry Reclamation Plan Amendment And Related EIR

Miller Starr Regalia on

In a published opinion filed August 31, 2016, the Sixth Appellate District Court of Appeal rejected claims under CEQA and the Surface Mining and Reclamation Act (“SMARA”; Pub. Resources Code, §§ 2700, et seq.), and affirmed...more

Miller Starr Regalia

Sixth District Holds CEQA’s “Fair Argument” Test Inapplicable To City Of San Jose’s Discretionary Determination That 1922 Wooden...

Miller Starr Regalia on

A project that may cause a substantial adverse change in the significance of a “historical resource” may, for that reason, have a significant effect on the environment for purposes of CEQA. (Pub. Resources Code, § 21084.1.)...more

Nossaman LLP

California Supreme Court Holds that State Agencies May Not Escape CEQA Mitigation Requirements Based on Failure of the Legislature...

Nossaman LLP on

In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more

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