Remove category court-decisions
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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. City of Dublin (2013) 214 Cal.App.4th Hilltop Group, Inc., County of San Diego, et al.

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First District Holds LA’s Water Allocations To Agricultural Lessees Were Authorized Under Existing Leases And Did Not Constitute Or Implement A Separate “Project” Subject to CEQA Review

CEQA Developments

The First District Court of Appeal filed on June 30, and later ordered published on July 26, 2022, its opinion in County of Mono v. The leases had a term running from 2009 through 2013, with a holdover provision. The trial court ruled in favor of the County. The City appealed and the Court of Appeal reversed.

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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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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In County of San Mateo et al. In City of Oakland et al. BP PLC et al.

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Amid Dire Colorado River Outlook, States Plan to Tap Their Lake Mead Savings Accounts

Circle of Blue

Met needed the flexibility of extra Lake Mead storage for two reasons: a court decision limited California’s use of Colorado River starting in 2003 and its supply from reservoirs in northern California’s Sierra Nevada mountains is quite variable. There have been far more ICS deposits than withdrawals. About half belongs to Met.

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Louisiana Fifth Circuit Weighs in on Proper Application of Prescription and Contra Non in NORM Litigation

The Energy Law Blog

the Louisiana Fifth Circuit Court of Appeal concluded that plaintiffs’ survival and wrongful death actions were prescribed when plaintiffs brought suit almost four years after the diagnosis of cancer and subsequent death of their husband/father and failed to inquire as to the cause of illness and death. Exxon Mobil Corporation, et al.,

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Updated Phase l Environmental Site Assessment is Published But.

Greenbuilding Law

Phase l Environmental Site Assessment Standard E1527-13 sunset eight years from its approval on November 6, 2013 and the new E1527-21 was as of last week published and now available for use, but. Just weeks ago the federal appeals court in Von Duprin LLC v.

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