Remove category court-decisions
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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

Sometimes the most monumental Supreme Court decisions spring from the most modest facts. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. The Court next examines state dredge and fill permitting authority under Section 404(g) of the CWA, 33 U.S.C.

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CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. The Court of Appeal reversed. Hilltop Group, Inc., County of San Diego, et al. 2024) Cal.App.5th. Hilltop Group appealed.

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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. of Water Resources (2023) Cal.App.5th.

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July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C.

2017 40
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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Law Columbia

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. New Zealand’s Court of Appeal, however, struck out all three claims, meaning that Smith would not receive his day in court.

Law 64
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“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood

CEQA Developments

In an opinion filed November 18, and later ordered published on December 5, 2002, the First District Court of Appeal (Div. The neighborhood association (SINA) sued, challenging the City’s CEQA exemption determinations and the project’s general plan and planning code consistency; the trial court denied its writ petition and SINA appealed.

2006 74
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Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects

CEQA Developments

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. The Court Of Appeal’s Opinion.

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