Vol. 20 No. 08 Aug 2005
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The U.S. Supreme Court’s controversial decision backing the use of eminent domain for economic development purposes is creating a backlash in California that could have significant ramifications for redevelopment. A state constitutional amendment to limit the use of eminent domain has been introduced in Sacramento with both Republicans and conservative Democrats as co-authors. Meanwhile, local redevelopment agencies are having to defend their practices from questioning by board members and the public.
A limit on the amount of trash that can be discharged into the Los Angeles River has been upheld by the Ninth U.S. Circuit Court of Appeals. The court rejected a challenge filed by 22 cities in Los Angeles County to a limit established by the Los Angeles Regional Water Quality Control Board.
A ruling in an endangered species case from Arizona demonstrates how sharply divided federal judges are regarding the legal protections afforded to rare animals and plants.
In an extremely short opinion, a Ninth U.S. Circuit Court of Appeals panel ruled 2-1 that the Army Corps of Engineers was not obliged to consult with the U.S. Fish and Wildlife Service (USFWS) regarding the impacts of two proposed housing developments on the ferruginous pygmy owl.
Although it was overshadowed by higher-profile cases, a California water controversy decided in late June by the U.S. Supreme Court might have been the most closely watched case by California farmers, water districts and environmentalists.
The case, Orff v. U.S., concerned the ability of farmers who get water from an irrigation district to sue the Bureau of Reclamation over water delivery cutbacks. The Supreme Court unanimously ruled that individual farmers could not sue the federal government in
An appellate court has thrown out a mitigated negative declaration that the City of Los Angeles approved for a 21-lot subdivision in the Sunland area. The court ruled that project opponents had made a fair argument that the project may have a significant impact on wildlife and traffic.
The City of Oceanside, which has enjoyed a renaissance in recent years, is preparing for a major civic improvement: rehabilitation of a 465-acre former sand quarry for parkland and public buildings. However, financing for the project — estimated to cost more than $100 million over 25 years — is far from certain.
California appears to be headed slowly away from the carbon age. However, the experience at the Altamont Pass Wind Resource Area — California’s oldest and one of the world’s largest wind farms — suggests that the move to renewable energy sources could have consequences.
Four weeks after the U.S. Supreme Court upheld an expansive view of eminent domain by a 5-4 vote, President Bush went on national television to nominate D.C. Circuit Court Judge John G. Roberts Jr. to replace retiring justice Sandra Day O’Connor. O’Connor was in the minority on the eminent domain case, but she has been a key swing vote on many property rights cases. If Roberts is confirmed, will he move the court in a more conservative direction? Or will he maintain the moderate course of O’Connor?
The Los Angeles County Board of Supervisors has voted 3-2 to appeal a Superior Court judge’s decision upholding stormwater regulations adopted by the Los Angeles Regional Water Quality Control Board.
An appellate court has ruled against a former San Diego Unified Port District commissioner who sued the district’s former attorney over faulty legal advice.