Remove category litigation
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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. 715 (2006), and embraced ever since in a series of rulemakings and jurisdictional determinations by the EPA and the U.S. EPA , 598 U.S. United States , 547 U. at (slip op.

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

CEQA Developments

Factual and Procedural Background This case’s remarkably extensive litigation history has resulted in no fewer than four published decisions, three from the Third District and one from the California Supreme Court (aka “SCOCA”). (Of But due to litigation, the opinions were not final or operative at the time the EIR was certified.

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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

Located in a steep valley directly west of Interstate 15, the Project site is also located adjacent to parcels of land zoned “semi-rural residential” and in proximity to a number of residential communities, which resulted in strong public opposition to the Project ultimately leading to litigation. City of Turlock (2006) 138 Cal.App.4th

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Law Columbia

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. 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.

Law 67
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July 2017 Updates to the Climate Case Charts

Law Columbia

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful.

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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

2006) 141 Cal.App.4th 2006) 139 Cal.App.4th Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for fifty years. For nearly all that time, the firm also has written Miller & Starr, California Real Estate 3d, a 12-volume treatise on California real estate law. “The

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

The central focus of the claims raised in the litigation were the transformers, required for every 8 to 14 homes, which are green boxes, roughly 3 feet cubed, placed on short concrete 4’ by 4’ pads. The Litigation. City of Lodi (2006) 144 Cal.App.4th City and County of San Francisco (2021) 60 Cal.App.5th

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