Blog
First District Court of Appeal Rules a County Board of Supervisors Did Not Need to Hear an Appeal of a Decision to Certify an EIR for Modifications to a Solid Waste Facility Permit Approved by the Local Enforcement Agency
No Wetlands Landfill Expansion v. County of Marin (2012) 204 Cal.App.4th 573 The First District Court of Appeal ruled that a County Board of Supervisors did not need to hear an appeal of a …
Sixth District Court of Appeal Upholds a City’s Economic Infeasibility Basis for Rejecting Alternatives Involving Retaining Ownership of a Mansion
The Flanders Foundation v. City of Carmel-by-the-Sea (2012) 202 Cal.App.4th 603 The Sixth District Court of Appeal ruled that, in a project involving restoration and sale of an historic mansion, the city had a sufficient …
Third District Court of Appeal Strikes Down Negative Declaration Prepared for a County’s Oak Woodland Fee Program
Center for Sierra Nevada Conservation v. County of El Dorado (2012) 202 Cal.App.4th 1156 The Third District Court of Appeal struck down negative declaration prepared for El Dorado County’s oak woodland fee program, rejecting the …
RMM Hikes in the Sutter Buttes for Spring Outing with the Middle Mountain Foundation
For the firm’s spring outing, attorneys and staff of Remy Moose Manley, LLP recently hiked in the Sutter Buttes. The Sutter Buttes are a unique cluster of inactive volcanoes isolated in the Sacramento Valley. The …
Fourth District Court of Appeal Holds That Irrigation District Can Rely on a Previous Negative Declaration and Does Not Need to Perform Subsequent Environmental Review When Making Certain Updates to Water Distribution Regulations
James A. Abatti et al., v. Imperial Irrigation District (4th Dist. April 26, 2012) Cal.App.4th (Case No. D058329) Factual and Procedural Background In 2006, the Imperial Irrigation District adopted a resolution related to a …
First District Determines Local Land Use Ordinance Does Not Violate Map Act and Properly Characterized Certain Approvals as Ministerial Acts Exempt from CEQA.
Sierra Club v. Napa County Bd. of Supervisors (1st Dist. April 20, 2012) __Cal.App.4th__ (Case No. A130980) Sierra Club challenged an ordinance adopted by the Napa County Board of Supervisors clarifying lot line adjustments. Sierra …
Fifth District Rules Administrative Record Must Include Audio Tapes of Public Proceeding Where No Transcript Is Available, As Well As Certain Materials Held by Primary Consultants
Consolidated Irrigation District v. The Superior Court of Fresno County (5th Dist. April 28, 2012) __Cal.App.4th__ (Case No. F063534) In this case, the court considered numerous issues regarding the proper interpretation of Public Resources Code …
Third District Finds Trial Court Erred by Taking Judicial Notice of Documents Outside the Pleadings When Ruling on a Demurrer
Jamulians Against the Casino v. Iwasaki (3rd Dist. March 29, 2012 [modified April 26, 2012]) __Cal.App.4th__ (Case No. C067138) Plaintiff association Jamulians Against the Casino (JAC) contested the execution of a 2009 settlement agreement between …
Third District Finds Trial Court Committed Non-Prejudicial Error When It Excluded Documents from Record Under the Deliberative Process Privilege, Upholds Revised EIR Against Other CEQA Challenges
Citizens for Open Government v. City of Lodi, (3rd Dist. March 28, 2012 [modified April 25th, 2012]) __Cal.App.4th__ (Case No. C065463, C065719) Factual and Procedural Background In 2002, Browman Company applied to the City of …
First District Upholds Tolling Agreement Extending CEQA’s Statute of Limitations
Salmon Protection and Watershed Network v. County of Marin (1st Dist. April 20, 2012) __Cal.App.4th__ (Case No. CIV1004866) On April 20, 2012, the First Appellate District affirmed a lower court’s holding that a public agency and …
Second District Upholds Agency Use of Projected Future Condition for Environmental Baseline
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2nd Dist. April 17, 2012) __Cal.App.4th__ (Case No. B232655) On April 17, 2012, the Second Appellate District affirmed a lower court’s denial of a petition …
Fish and Wildlife Service Issues New Land-Based Wind Energy Guidelines
On March 23, 2012, the Department of the Interior released guidelines designed to help wind energy project developers avoid and minimize impacts of land-based wind projects on wildlife and habitat. These voluntary guidelines were developed …
Fifth District Finds Irrigation District has Standing Under CEQA to Challenge Environmental Review Document
Consolidated Irrigation District v. City of Selma (5th Dist. Feb. 28, 2012 [modified March 9th, 2012]) __ Cal.App.4th__ (Case No. 08CECG01591) On February 8, 2012, the Fifth Appellate District ruled that a lower court properly …
U.S. Supreme Court Holds That Property Owners Can Sue to Immediately Challenge Environmental Protection Agency Orders Issued Under the Clean Water Act
Sackett v. Environmental Protection Agency (March 21, 2012, No. 10–1062) 566 U.S. ____ Background The Sacketts own a 0.63-acre undeveloped parcel near Priest Lake in Idaho. In 2007, they graded and filled a portion of …