CP&DR

State Wins Right To Review Federal Offshore Oil Drilling Leases

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

The California Coastal Commission has the authority to review an extension of offshore oil drilling leases that the federal government granted to oil companies, the Ninth U.S. Circuit Court of Appeals has ruled.

Agency Wins Remediation Costs In Eminent Domain Lawsuit

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

The San Diego Redevelopment Agency can use a state law to require the owner of property the agency took by eminent domain to pay for cleanup of soil contamination, a state court has ruled.

No Compensation For Lot Line Adjustment Delay, Court Rules

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

A city's erroneous denial of a lot line adjustment application did not qualify as a temporary taking, the First District Court of Appeal has ruled. The court ruled that the City of Lafayette had legitimate reasons for handling the application the way it did and that the delay in approval of the application — which eventually was ordered by a trial court — was not unreasonable.

Farmers, Districts Allowed To Sue Over Dam Releases

Jan 1, 2003

CP&DR Staff, Legal Digest, Vol. 18 No. 01 Jan 2003

A divided panel of the Ninth U.S. Circuit Court of Appeals has allowed two water districts and two farmers to sue the federal government for damages caused by changes in the management of the Central Valley Water Project, even though the districts and farmers have not yet experienced an injury. The decision appears to set an important precedent regarding when a party has the legal "standing" to seek compensation for damages.

Major CEQA Guideline Revisions Remain Invalid

Dec 1, 2002

Legal Digest, Paul Shigley, Vol. 17 No. 12 Dec 2002

A superior court's decision that invalidated several changes the state made to the California Environmental Quality Act Guidelines in 1998 has been upheld almost entirely by a state appellate court.

Parking Rules Are Exempt From Environmental Study, Court Rules

Dec 1, 2002

Legal Digest, other, Vol. 17 No. 12 Dec 2002

A city resolution restricting parking on certain residential streets to residents with parking permits was categorically exempt from environmental review, the Second District Court of Appeal has ruled.

Segmentation, Lack of Review Sink L.A. Port Expansion Project

Dec 1, 2002

California Environmental Quality Act, CP&DR Staff, Legal Digest, Los Angeles County, Vol. 17 No. 12 Dec 2002

A state appellate court has halted a project at the Port of Los Angeles because the city never studied the development's environmental impacts. The court rejected the city's arguments that the project was covered by a 1997 environmental impact report and a 2000 subsequent EIR because the project had not been contemplated in 1997, and there was no evidence the 2000 study considered the project.

Sea Wall Qualifies For Emergency Exemption Despite Process Delays

Dec 1, 2002

Legal Digest, other, Vol. 17 No. 12 Dec 2002

An exemption to the California Environmental Quality Act for construction of a sea wall below two houses has been upheld by the Fourth District Court of Appeal. The court ruled that the potential collapse of a bluff could threaten public safety and qualified for an emergency exemption under CEQA.

SF Redevelopment Project Survives CEQA, Blight Challenges

Nov 1, 2002

Legal Digest, other, Vol. 17 No. 11 Nov 2002

In a case that touched on redevelopment law, the California Environmental Quality Act and general plan compatibility, an appellate court has upheld San Francisco's handling of a project on the site of the historic Emporium department store.

Court Rules Builders Four Applications Should Be Reviewed as One Project

Nov 1, 2002

Legal Digest, other, Vol. 17 No. 11 Nov 2002

The City of Los Angeles was correct to treat as one project a builder's various proposals for 21 new houses on existing parcels on two streets, the Second District Court of Appeal has ruled. The court rejected the builder's contention that the city could not demand an environmental impact report on the 21 houses, five of which have already been built.

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