CP&DR

Developer of Proposed Radioactive Dump Wins Right to Sue State

Oct 1, 2001

Legal Digest, other, Vol. 16 No. 10 Oct 2001

The developer of a proposed low-level radioactive waste dump near Needles has won the right to sue the State of California for damages.

Tribe Wins Timber Regulation Case

Oct 1, 2001

Legal Digest, other, Vol. 15 No. 10 Oct 2000

An en banc panel of the Ninth U.S. District Court of Appeals has upheld an Indian tribe's right to regulate timber harvesting on privately owned land within an Indian reservation. The ruling was a reversal of a ruling issued last year by a three-judge panel of the Ninth Circuit, and an affirmation of the district court's original decision (see CP&DR Legal Digest, November 2000).

EIR for Oakland Airport is Rejected: Court Demands Additional Study of Air Pollution, Noise Impacts

Oct 1, 2001

Legal Digest, other, Vol. 16 No. 10 Oct 2001

An environmental impact report for a proposed Oakland International Airport expansion has been found flawed on numerous grounds by the First District Court of Appeal. The court held that the Port of Oakland, which operates the airport, relied on outdated air pollution information, did not support its decision not to study health risks related to that air pollution, and failed to analyze adequately nighttime noise impacts.

9th Circuit Extends Federal Law to Farmers of ‘Deep Ripping'

Oct 1, 2001

Legal Digest, other, Vol. 16 No. 10 Oct 2001

In a 2-1 ruling, a Ninth U.S. Circuit Court of Appeals panel has ruled that federal agencies have the authority under the Clean Water Act to regulate "deep ripping" of wetlands by farmers.

Landfill Buffer Upheld Despite Lack of Supporting Evidence in Record

Oct 1, 2001

Legal Digest, other, Vol. 16 No. 10 Oct 2001

A general plan requirement that placed a one-mile buffer on private land around a landfill in Placer County was supported by evidence in the record even though there appeared to be no scientific basis for it, the Third District Court of Appeal has ruled.

Court Sends Rent Review Case Back To City

Oct 1, 2001

Legal Digest, other, Vol. 16 No. 10 Oct 2001

An appellate court has ordered the City of Concord's Rent Review Board to reconsider a request for rent increases filed by the owner of two mobile home parks.

Court Allows Proponent to Drop Mitigations

Sep 1, 2001

Legal Digest, other, Vol. 16 No. 09 Sep 2001

A project proponent can eliminate previously adopted mitigation measures so long as the proponent provides a reason for the change that is supported by substantial evidence, the First District Court of Appeal has ruled. But the court also decided that the lack of mitigation measures created a conflict with the general plan, so the court invalidated the project.

9th Circuit Says San Diego Zoning Violates First Amendment Rights

Sep 1, 2001

Legal Digest, other, Vol. 16 No. 09 Sep 2001

A federal court has ruled that San Diego's adult business zoning ordinance violated the First Amendment because the city did not prove that there are enough sites available for adult businesses.

Interior Department Loses Again; Its Approach Is Called Too Narrow

Sep 1, 2001

Legal Digest, other, Vol. 16 No. 09 Sep 2001

The Ninth U.S. Circuit Court of Appeals has rejected federal arguments for dropping a desert lizard from consideration for Endangered Species Act protection. In its ruling, the unanimous three-judge panel encourages a broader, more flexible reading of the act than the Clinton administration had offered.

Rental Inspection Is Ruled Exempt From Enviromental Review

Sep 1, 2001

Legal Digest, other, Vol. 16 No. 09 Sep 2001

The City of Los Angeles' slum abatement program is categorically exempt from the California Environmental Quality Act, the Second District Court of Appeal has ruled.

Articles