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CEQA Case Report: Understanding the Judicial Landscape for Development

Clean Energy Law

Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. Latham will continue to monitor CEQA cases in 2019, posting summaries to this blog. County of Fresno.

2017 130
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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. 5th 630 ( Butte I ). 791a et seq.).

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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law Blog

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. After his accident, Sanchez sued Enterprise and SmartFab in state court under the Jones Act, 46 U.S.C.

2019 40
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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law Blog

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. After his accident, Sanchez sued Enterprise and SmartFab in state court under the Jones Act, 46 U.S.C.

2019 40
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Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company

The Energy Law Blog

On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. The trial court awarded actual damages to each Landowner based on each owner’s undivided interest in the property. Bayou Bridge Pipeline, LLC v. Martin Parish, et al. [1]

2018 52
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QUANTIFYING TRIBAL RESERVED WATER RIGHTS IN STATE WATER ADJUDICATIONS

Acoel

These adjudications of in-state water basins, conducted before state district courts or special water courts, will involve hundreds of private, tribal. The Law of Allocation of water in the West has its origins from the 1800’s when settlers in the West were largely ranchers, farmers and miners. 1] Winter v. 564, 577 (1908). [2]

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Louisiana Third Circuit Decision Imposes Damages for Due Process Violation on Private Company

The Energy Law Blog

On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. The trial court awarded actual damages to each Landowner based on each owner’s undivided interest in the property. Bayou Bridge Pipeline, LLC v. Martin Parish, et al. [1]

2018 40