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Nasha Ltd. Liab. Co. v. Los Angeles, City of

A California appellate court reversed a lower court's denial of a developer's petition to overturn an adverse decision by a local planning commission due to an unacceptable probability of actual bias on the part of one of the decisionmakers. While this matter was pending before the planning commissi...

Muzzy Ranch Co. v. Solano County Airport Land Use Comm'n

A California appellate court held that a local airport commission's adopting of an airport land use compatibility plan was a "project" under the California Environmental Quality Act (CEQA). Adoption of the plan was a project because it has the potential to result in physical change to the environmen...

Reclamation Dist. No. 684 v. State Dep't of Indus. Relations

A California appellate court held that maintenance work done on a levee to protect an island in the Delta in San Joaquin County from flooding was not a public works project subject to the prevailing wage laws. The work did not involve the operational work of a reclamation district, nor is there any ...

Energy Management Corp. v. Shreveport, City of

The Fifth Circuit held that a local ordinance that prevents a corporation that owns state-granted mineral interests under and around a lake from drilling within 1,000 feet of that lake is preempted by Louisiana's comprehensive regulation of oil and gas drilling. The ordinance, therefore, is invalid ...

Salmon Protection & Watershed Network v. Marin, County of

A California appellate court affirmed a trial court decision ordering a county to set aside its approval of a single-family residence within a riparian area designated as an environmental resource of critical concern. The county found generally that any adverse environmental impacts were eliminated ...

Bodega Bay Concerned Citizens v. Sonoma, County of

A California appellate court reversed a lower court decision ordering a county to set aside its decision extending the expiration date of the tentative subdivision map for a residential housing project. Contrary to the lower court's interpretation, §66452.6 of the California Government Code aut...

Mt. San Jacinto Community College Dist. v. Superior Court of Riverside

A California appellate court held that for determining just compensation in a "quick" take eminent domain action, the date of valuation should be the date a deposit of probable compensation was made rather than the date of trial on the issue of just compensation. Under California law, the date of va...

Beentjes v. Placer County Air Pollution Control Dist.

The Ninth Circuit held that California's air pollution control districts are not arms of the state and therefore are not entitled to sovereign immunity under the Eleventh Amendment. To determine whether an entity is an arm of the state, the Ninth Circuit uses a five-point test that looks at whether ...

State v. Abraham

A district court granted the state of Washington's motion for partial summary judgment on its claim that the U.S. Department of Energy (DOE) violated the Washington State Hazardous Waste Management Act (HWMA) when it decided to ship radioactive and hazardous mixed transuranic waste to the Hanford Nu...

Federation of Hillside & Canyon Ass'ns v. Los Angeles, City of

A California appellate court upheld a city's approval of a general plan framework that includes proposed operational and physical improvements to traffic systems and infrastructure, policies to encourage the use of public transit and reduce vehicle trips, and other measures to reduce traffic congest...