The Third Circuit reversed a lower court decision and granted declaratory judgment for a waste management company stating that the Wendell H. Ford Aviation Investment and Reform Act does not prohibit the building of a landfill because the company began construction prior to the effective date of the...
A California appellate court upheld the dismissal of an association's petition challenging the adequacy of a county's environmental impact report (EIR) prepared in connection with a proposed amendment to the local coastal plan (LCP) concerning greenhouse development. After the petition was filed, th...
A California appellate court held that the state coastal commission's development of a local coastal program for Malibu, requiring it to process coastal development permits, is constitutional. The amendment to the California Coastal Act that required the commission to prepare a local coastal plan fo...
The Ninth Circuit upheld the dismissal of a company's complaint alleging that Arizona state officials' policy against using materials mined from Woodruff Butte in state construction projects violates the company's constitutional rights. The Establishment Clause does not bar the government from prote...
The Second Circuit affirmed a lower court decision that New York's purchase of the Niagara River islands from the Seneca Nation of Indians in 1815 did not violate the Non-Intercourse Act, which bars conveyances by Indians to non-Indians unless ratified by Congress. Although the transaction was not a...
A California appellate court upheld a city's decision not to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) for the construction of a senior citizens housing complex. A neighborhood group argued that the project would have a significant adverse aes...
A California appellate court held that a dentist was not entitled to compensation for loss of goodwill as a result of a state university's condemnation of property in which the dentist held a leasehold interest. The constitutional right to just compensation does not include the loss of goodwill to a...
A California appellate court held that a trial court need not grant relief from a dismissal entered for failing to request a hearing on the merits in a CEQA case when the failure was caused by an attorney's inexcusable mistake or neglect. CEQA requires that a petitioner request a hearing within 90 d...
A California appellate court reversed a county's adoption of a mitigated negative declaration under CEQA in connection with the demolition of an old county jail. The group challenging the declaration demonstrated that the jail is an historic resource, that its demolition will have a significant envi...
A California appellate court rejected a mining and construction advocacy group's challenge to a state agency regulation barring the sale and supply of asbestos-containing rock for the surfacing of future unpaved roads. Under the Tanner Act, which identifies and regulates toxic air contaminants by ai...