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Legal Digest
Banning Ranch EIR Upheld by Appellate Court
The Fourth District Court of Appeal has upheld the City of Newport Beach's environmental impact report for the Banning Ranch development, rejecting a challenge by a local conservancy which asserted piecemeal environmental review and the adequacy of the impacts of a park the city
Katherine J. Hart
Jan 23, 2013
Validation Lawsuit Doesn't Always Immunize Plaintiff From Attack
In many situations, the settlement of a lawsuit is a flexible tool to resolve disagreements between parties and allow the participants to move on with their lives. A settlement with a public agency invokes slightly different considerations then a matter resolved exclusively throu
William W. Abbott
Jan 23, 2013
Legal Digest: Tuolumne CEQA Ruling Sets Stage For Supreme Court Showdown
In case you missed the recent legal tremor, be advised that land-use lawyers are looking closely at a new appellate court ruling from Tuolomne County on the application of the California Environmental Quality Act to citizen initiatives. The new ruling is in direct conflict to a r
William W. Abbott
Dec 4, 2012
Attorney Fee Award Depends on Pecuinary Interests, Even for Public Agencies
When deciding whether to award a public litigant its attorneys' fees against another public entity under Code of Civil Procedure section 1021.5, the trial court may only consider the public litigant's "pecuniary interests and the pecuniary interests of its constituents" in determ
Glen C. Hansen
Nov 2, 2012
Impact of Campus Expansion on Fire, Safety Not Considered Under CEQA
California State University East Bay undertook a dual-purpose environmental impact report for its campus master plan and two construction projects, meant to enable the campus to grow from roughly 12,000 to 18,000 students in the next 30 years. The construction projects consisted
William W. Abbott
Oct 7, 2012
Concern for Corn Sets Back AB 32's Regulation of Carbon
As California seeks to reduce greenhouse gas emissions in the state's industries in order to implement provisions of California's Global Warming Solutions Act of 2006 (Assembly Bill 32), entities and trade groups both inside and outside the state have looked to the "dormant" Comm
Glen C. Hansen
Sep 20, 2012
Homeowners Assoc. Can Strike Supermajority Voting Restriction
In Quail Lakes Owners Assn. v. Kozina, the Court of Appeal for the Third Appellate District affirmed a trial court's decision to grant a verified petition by a homeowners' association for an order under Civil Code section 1356. The petition asked to modify the association's gover
Glen C. Hansen
Sep 19, 2012
High Court Says New City May Deny Tentative Map Approved By County
The newly incorporated City of Goleta had the authority to reject a final subdivision map after the Santa Barbara County Board of Supervisors had approved the tentative map for property that was in unincorporated territory at the time, the state Supreme Court has ruled.
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Feb 1, 2007
Ongoing Operation Of Licensed Dam Doesn't Trigger Endangered Species Review, Court Rules
The Federal Energy Regulatory Commission does not have to consider impacts of previously licensed Butte County dams on threatened Chinook salmon, the Ninth U.S. Circuit Court of Appeals has ruled. >>read more
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Feb 1, 2007
California City's Desert Redevelopment Invalidated
A controversial desert redevelopment project in California City has been invalidated by the Fifth District Court of Appeal, which rejected the eastern Kern County city's determination that the vacant land qualified as blighted because of its parcelization and lack of road access.
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Feb 1, 2007
Court Demands Public Hearing On Vested Rights Determination
Yuba County should not have permitted a sand and gravel company to expand its mine without conducting a public hearing, the Third District Court of Appeal has ruled.
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Jan 1, 2007
Regional Board's Stormwater Permit Upheld Without Environmental Study
A Regional Water Quality Control Board permit that mandates how Los Angeles County and 84 cities in the county manage stormwater discharges is not subject to the California Environmental Quality Act, an appellate court has ruled
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Jan 1, 2007
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