Weekly Cases Update Volume 43, Issue 2

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 42, Issue 35

ELR 2024711-597(U.S., )

The U.S. Supreme Court held that government-induced flooding that is temporary in duration may constitute a takings and is not automatically exempt from Takings Clause inspection. The case arose after the U.S.

Keywords:
Temporary takings
ELR 20248D060382(Cal. Ct. App. 4th Dist., )

A California appellate court upheld a regional water board's approval of a NPDES permit to build a desalination facility on the coast of Carlsbad, California.

Keywords:
State programs, §402(b)
ELR 20249S187243(Cal., )

The California Supreme Court held that all subdivisions, including the conversion of a mobile home park from tenant occupancy to resident ownership, are "developments" for purposes of the California Coastal Act.

Keywords:
California Coastal Act of 1976, Shoreline use
ELR 2025011-3210(10th Cir., )

The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands.

Keywords:
Permit issuance
ELR 202512011-00101593.(Cal. Super. Ct., )

A California court held that the environmental impact report (EIR) San Diego prepared for its regional transport plan and accompanying sustainable communities strategy violates the California Environmental Quality Act (CEQA) because it failed to adequately address greenhouse gas emissions.

Keywords:
Climate Change (generally), Environmental impact reports (EIRs)
ELR 202523-73-cv-00023(D. Nev., )

A district court upheld a Nevada water engineer ruling allowing a city to change the manner and place of use of surface water rights.

Keywords:
Property rights/entitlements
ELR 202532179(E.D. La., )

A district court dismissed claims against the manufacturer of the chemical dispersant used in response to the Deepwater Horizon oil spill in the Gulf of Mexico.

Keywords:
Liability

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