CP&DR

Environmentalists Blocked From Challenging Forest Regulations

Mar 30, 2009

CP&DR Staff, Legal Digest, Logging, Vol. 24 No. 04 Apr 2009

A sharply divided U.S. Supreme Court has issued a ruling limiting environmental organizations' ability to challenge U.S. Forest Service regulations. The five-judge majority ruled that five environmental groups lacked legal ability – or "standing" – to challenge Forest Service regulations exempting salvage-timber sales of 250 acres or less from statutory environmental review provisions because the organizations could not show they suffered concrete harm from the exemptions.

Central Valley Extortionist Wins Partial Verdict Reversal

Mar 26, 2009

Corruption, CP&DR Staff, Featured Articles, San Joaquin County, Vol. 24 No. 04 Apr 2009

A former San Joaquin County political operative who was convicted of corruption in 2005 has had five of 17 guilty counts thrown out by the Ninth U.S. Circuit Court of Appeals. The appellate panel overturned counts of attempted extortion against Monte McFall but upheld conviction on 12 counts of extortion, mail fraud and witness tampering.

BART Still Looking For The Way To San Jose

Mar 26, 2009

BART, CP&DR Staff, Featured Articles, Santa Clara County, Transportation, Vol. 24 No. 04 Apr 2009

The future of Bay Area Rapid Transit (BART) service in the South Bay became less clear in March, as a projected revenue shortball and litigation struck planned BART extensions.

Groundwater Fee Ruled Exempt From Environmental Review

Mar 23, 2009

California Environmental Quality Act, CP&DR Staff, Legal Digest, Santa Clara County, Vol. 24 No. 04 Apr 2009

A state appellate court has upheld a Santa Clara Valley Water District rate increase as exempt from the California Environmental Quality Act, rejecting multiple arguments from a retail water company that the increase was subject to environmental review.

Stockton Property Acquisition Rejected; City Gets Another Chance

Mar 16, 2009

CP&DR Staff, Eminent domain, Legal Digest, San Joaquin County, Vol. 24 No. 04 Apr 2009

The City of Stockton had no right to take private property on which it later built a minor league baseball stadium, the Third District Court of Appeal has ruled. "This is a case of ‘condemn first, decide what to do with the property later," Justice Kathleen Butz wrote for the unanimous three-judge appellate panel.

In Brief: Inland City Sues Over Port Expansion

Mar 2, 2009

California Environmental Quality Act, CP&DR Staff, In Brief, Vol. 24 No. 03 Mar 2009

In this month's roundup of land use news: Riverside lawsuit says train traffic from port expansion is unacceptable; Beaumont loses CEQA suit; Fanita Ranch project stalls, for now; Santa Barbara County approves wind farm near Lompoc; Park district and supporters sue over huge Richmond waterfront project.

New Infrastructure Financing Needed, Says PPIC

Feb 27, 2009

California, CP&DR Staff, Featured Articles, Vol. 24 No. 03 Mar 2009

The Public Policy Institute of California (PPIC) has released a new report in which it urges less reliance on state general obligation (GO) bonds to fund infrastructure improvements. The report, "Paying For Infrastructure: California's Choices," recommends reducing the voter requirement for local bonds from two-thirds to 55%, more user fees and expanded experimentation with public-private partnerships.

Commission Recommends State Water Boards Reform

Feb 27, 2009

California, CP&DR Staff, Featured Articles, Vol. 24 No. 03 Mar 2009, Water

The state's system for regulating water quality is failing, according to the Little Hoover Commission. In a recent report, the investigative panel concluded the current system managed by the State Water Resources Control Board and nine Regional Water Quality Control Boards lacks transparency, consistency and accountability, and that the system does not demonstrably improve water quality.

Mitigation Fee Program Must Get Environmental Review, Court Decides

Feb 26, 2009

California Environmental Quality Act, CP&DR Staff, El Dorado County, Legal Digest, Vol. 24 No. 03 Mar 2009

A county may not assume that fees paid under a mitigation fee program constitute full environmental mitigation for a project when the program has not undergone California Environmental Quality Act review, the Third District Court of Appeal has ruled.

Challenge Of San Bernardino County Billboards May Proceed

Feb 26, 2009

CP&DR Staff, Legal Digest, San Bernardino County, Signs and billboards

A lawsuit challenging San Bernardino County's approval of billboards along desert freeways has been reinstated by the Fourth District Court of Appeal. The court ruled the lawsuit, filed by a county resident, need not comply with the speedy filing requirement of a state law pertaining to First Amendment matters.