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North Kern Water Storage Dist. v. Kern Delta Water Dist.

An appellate court reversed a lower court decision concerning the forfeiture of certain previously appropriated waters of the Kern River. The parties' primary dispute concerned the theoretical entitlement of a junior user versus the volume of water actually available to that user on a given day. The...

California Farm Bureau Fed'n v. State Water Resources Control Bd.

A California appellate court reversed state agency legislation implementing emergency regulations and imposing new annual fees on holders of water right permits and licenses under California Water Code §1525. As applied through the emergency regulations, the annual fees are unlawful taxes in vi...

Central Valley Chrysler-Jeep, Inc. v. Witherspoon

A district court stayed an automobile industry lawsuit over California's greenhouse gas rules for cars pending the outcome of the U.S. Supreme Court's decision in Massachusetts v. U.S. Environmental Protection Agency (EPA), 415 F.3d 50, 35 ELR 20148 (D.C. Cir. 2005), cert. granted, 126 S. Ct. 2960 (...

McAllister v. Monterey, County of

An appellate court upheld the dismissal of an individual's lawsuit against a county for approving a coastal development permit on his neighbor's property. In administrative proceedings conducted by county officials and later by the California Coastal Commission, the real parties-in-interest—de...

Concerned McCloud Citizens v. McCloud Community Servs. Dist.

An appellate court reversed a lower court decision vacating an agreement between a water district and a water company for the sale and purchase of spring water. Local groups argued that the district failed to conduct any environmental review under the California Environmental Quality Act (CEQA) prio...

Vineyard Area Citizens for Responsible Growth v. Rancho Cordova, City of

California's highest court reversed a lower court decision dismissing individuals' claims that a county violated the California Environmental Quality Act (CEQA) in approving community- and site-specific plans for a large, mixed use development project. While the environmental impact report (EIR) pre...

Eureka Citizens for Responsible Gov't v. Eureka, City of

A California appellate court upheld a lower court decision denying a petition for writ of mandate challenging a city's approval of a school playground. School volunteers, unaware that local law required "all school related activities be conducted within the buildings or at neighborhood playgrounds,"...

Kennedy Bldg. Assocs. v. CBS Corp.

The court remanded for modification an injunction imposed against a corporation for soil and groundwater contamination in Minneapolis, Minnesota. The injunction required the corporation to prevent the release of further contaminants into soil and groundwater; to test for migration and to remedy any ...

Friends of the Sierra R.R. v. Tuolumne Park & Recreation Dist.

A California appellate court affirmed a lower court's denial of a petition for a writ of mandamus to reverse a public agency's sale of land to the Tuolumne Board of Me-Wuk Indians. The land contained a disused but historic railroad right-of-way. A community group argued that the transfer fell within...

Save Tara v. West Hollywood, City of

A California appellate court reversed in part a lower court decision denying a neighborhood association's petition to set aside agreements between a city and developers to build a housing project in West Hollywood. Although the Department of Housing and Urban Development (HUD) approved the developer...