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In Rocky Mountain Farmers Union v. Goldstene (Case no. CV-F-09-2234), the U.S. District Court for the Eastern District granted summary judgment in favor of a group of farming and oil-industry plaintiffs, finding that the Low Carbon Fuel Standard (“LCFS”) regulations...
On April 19, 2012, the Sacramento Area Council of Governments (SACOG), the Metropolitan Planning Organization responsible for developing the state and federally required Metropolitan Transportation Plan (MTP) for the 22 cities and six counties in the greater Sacramento region, adopted...
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012 Cal.App. LEXIS 434), the Second Appellate District upheld the lead agency’s determination that a future 2030 baseline was proper for determining the significance of traffic and air quality...
In Tomlinson v. County of Alameda (2010) 188 Cal.App.4th 1406, the petitioners challenged the County’s determination that the infill exemption set forth in the CEQA Guidelines (Section 15332) applied to a development project located within the County and not within...
In a unanimous decision, the U.S. Supreme Court overturned the lower courts’ ruling and held that Michael and Chantell Sackett, Petitioners, may bring a civil action under the Administrative Procedure Act (APA) to challenge the Environmental Protection Agency’s (EPA) issuance...
On March 9, 2012, the Fifth Appellate District ordered a portion of its decision in Consol. Irrigation Dist. v. City of Selma (2012) __ Cal.App.4th __ (2012 Cal. App. LEXIS 277) published. Specifically, the Court ordered all but Sections I.A.,...
On March 6, 2012, the San Francisco Chronicle published an article entitled “Costly, lengthy appeals part of S.F.’s culture.” (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/06/MNB21N1TA9.DTL.) The article highlights how San Francisco’s environmental appeal process and environmental litigation are often used to stall and kill projects...
In Building a Better Redondo v. City of Redondo Beach (February 22, 2012) __ Cal.App.4th __ (Case No. 124769), a group of slow-growth advocates brought a petition for writ of mandate and declaratory relief against the City of Redondo Beach,...
TRPA adopted amendments to the shorezone regulations in 2008, setting development caps on the number of new buoys and piers allowed in Lake Tahoe, and certified an environmental impact statement (EIS) for the amendments. The League to Save Lake Tahoe...
In Save the Peaks Coalition v. United States Forest Service (9th Cir. 2012) 2012 U.S. App. LEXIS 2563, the Ninth Circuit Court of Appeals determined that, although Save the Peaks Coalition (“SPC”) abused the judicial process by holding back claims...
In an unpublished decision, Landwatch San Luis Obispo v. Cambria Community Serv. Dist., 2d Civil No. B229545 (2012), the Court upheld a trial court's cost award of $14,615.41 to the Cambria Community Service District for time spent preparing the administrative...
In Turtle Island Restoration Network v. U.S. Dept. of States (9th Cir. 2012) 2012 U.S.LEXIS 3263, the Ninth Circuit Court determined that res judicata barred Turtle Island Restoration Network (“TIRN”) from bringing a challenge under the National Environmental Policy Act...