Articles

A divided U.S. Supreme Court has limited the scope of the Clean Water Act by removing U.S. Army Corps of Engineers' jurisdiction over isolated waters and seasonal wetlands, such as vernal pools and ephemeral washes. Farmers, developers and property rights advocates hailed the ruling as an important limitation on intrusive federal regulation. Environmentalists decried the ruling as a step backward, although many observers said the decision's impact would not be as great in California because of extensive...

The Swiss Army knife is the ideal present for boys, especially those from nine to eleven years old. That's the age when every boy believes that all he needs to be a consummate survivalist is his natural pluck and one of those elegant, red, compact tools bouncing jauntily on his belt. Far from a mere blade, even a fake version of the Swiss Army package contains a pair of scissors, a nail file with a screw-driver tip, tweezers and a toothpick. With a tool like this, you could fight off ...

A divided California Supreme Court has upheld a state law that allows religious institutions to exempt themselves from historic preservation ordinances. In a 4-3 ruling, the court found that the exemption — which applies only to noncommercial property owned by religious institutions — violated neither the First Amendment's free exercise clause, nor the state constitution's establishment clause. "These exemptions simply free the owners to use the property as they would have done had the property not be...

Politically popular but ecologically suspect, habitat conservation plans (HCPs) have become a powerful tool for resolving conflict between human economic activities and the survival of imperiled plants and animals. Before 1994, only 20 such plans had been adopted. But since the Clinton administration figured out the potential for such agreements to avoid divisive clashes over the Endangered Species Act (ESA), the federal government has embraced them in a big way. There are now more th...

A Los Angeles County judge has invalidated an Orange County ballot initiative intended to block an airport at the former El Toro Marine Corps base. Superior Court Judge James Otero ruled that Measure F, which voters approved 2-1 in March 2000, was "fundamentally flawed and in violation of the constitution and laws of this state." Measure F required two-thirds voter approval for construction or expansion of airports, hazardous waste facilities or jails. Otero held that such a requirement "greatly impair...

The state Supreme Court has sided with builders in a case regarding construction defect liability. In a 5-2 decision, the court held that homeowners cannot sue for economic losses in cases where no property damage or personal injury has occurred. The ruling was a definite victory for the development industry. Builders for years have complained about the burden of construction defect liability, and they have blamed negligence lawsuits for their inability to construct condominiums and townhous...

A 2-2 vote on an environmental impact report is not enough to certify the document, the Fourth District Court of Appeals has ruled. The California Environmental Quality Act requires that the elected body make an affirmative decision on environmental documents, the court held. In this case, the Orange County Board of Supervisors, after one member recused himself, voted 2-2 on an EIR for a proposed 705-unit mobile home park. The county then determined that the Planning Commission's certification of the ...

A Pacific Gas and Electric proposal to auction its hydroelectric assets could bring about a new land rush in the Sierra Nevada, the southern Cascades and the coastal mountain ranges. If the sale goes forward as proposed, as many as 20 different owners could assume control of PG&E's 99 reservoirs, 174 dams, 110 electricity generating units — and 140,000 acres of land, much of which is pristine. State and federal land managers, advocacy groups and a draft environmental impact report make clear that the ...

The standard saying among retail analysts in the past month is that "this is a tough Christmas." Even though incomes are going up, retailing is off. Kmart has closed dozens of stores nationwide. HomeBase has gone out of the home improvement business (focusing on home furnishings instead) in order to duck direct competition with Lowe's and Home Depot. Two of the biggest movie theater chains have gone under, and most of the others are teetering on the verge of bankruptcy. Home Depot's third-quart...

A lawsuit that has already reached the state Supreme Court is again making its way up the legal ladder. In mid-December, San Joaquin County Superior Court Judge Bob McNatt upheld the San Joaquin Local Agency Formation Commission's approval of the Califia project (formerly called Gold Rush City) in the City of Lathrop. Last year, the state Supreme Court allowed the case to go forward after McNatt and the Third District Court of Appeal ruled that project opponents did not exhaust their administrative re...

The Fourth District Court of Appeal has upheld Orange County's environmental impact report for expansion of the James A. Musick jail. In an unpublished opinion, the court overturned a trial judge's ruling in a lawsuit brought by the City of Lake Forest. (City of Lake Forest v. County of Orange, G023884.) The county wants to expand the existing jail, which is bordered by Lake Forest, Irvine and El Toro, from 1,250 beds to nearly 8,000 beds. However, the county has indicated it would pursue a smaller faci...

The California Supreme Court has accepted a takings case that threatens the viability of San Francisco's Hotel Conversion Ordinance. The court has decided to hear San Remo Hotel v. City and County of San Francisco, C.A. 1st Div. 5, No. A083530 (see CP&DR Legal Digest, September 2000, October 2000). In an opinion published in two portions, the First District Court of Appeal ruled that the "heightened scrutiny" test applied to the hotel conversion ordinance, meaning there must be a close relationship ...

It's not every day that a city places a full-page newspaper advertisement demanding a larger sphere of influence. Yet that is just what the City of Santa Clarita did last fall — on the same day it placed another full-page ad in the Los Angeles Times complaining about a gravel quarry proposed outside the city limits. The splashy advertisements are just one part of the latest round in the City of Santa Clarita's long fight with Los Angeles County over control of one of the state's fastest growing areas.

Steven Nissen became acting director of the Governor's Office of Planning and Research in April 2000 and the appointment has since become permanent. Besides advising the governor and carrying out his interests, OPR provides assistance to local government on land use planning issues. The office is responsible for preparing CEQA Guidelines and General Plan Guidelines, and it operates the state clearinghouse for environmental impact reports. Besides his role at OPR, Nissen serves as a governor's s...