CP&DR

Programmatic EIS Not Required for Water Reallocation, Court Rules

Jan 1, 2002

Legal Digest, other, Vol. 17 No. 01 Jan 2002

The Interior Department did not need to prepare a programmatic environmental impact statement before proceeding with water transfers in western Nevada, the Ninth U.S. Circuit Court of Appeals has ruled. The court further held that the EIS which the U.S. Fish & Wildlife Service did complete adequately assessed cumulative impacts to groundwater and farming.

Appellate Panel Clear Way for Another El Toro Initiative: Opponents Cannot Contest Title and Summary

Jan 1, 2002

Legal Digest, other, Vol. 17 No. 01 Jan 2002

The Fourth District Court of Appeal has cleared the way for a ballot initiative regarding the future of the former El Toro Marine Corps Air Station to appear on the March ballot. The appellate court overturned a trial court ruling that allowed opponents of the initiative to contest the county counsel's title and summary of the initiative prior to the measure qualifying for the ballot.

9th Circuit Rejects Fish & Wildlife's Handling of Incidental Take Permits

Jan 1, 2002

Legal Digest, other, Vol. 17 No. 01 Jan 2002

The Ninth U.S. Circuit Court of Appeals has reined in the U.S. Fish & Wildlife Service's ability to issue "incidental take statements" under the Endangered Species Act. In a grazing case from Arizona, the court ruled that the Service can prepare the statements only when it is likely that a private landowner's activity will "take" an endangered species. The court also concluded that the Service's preparation of incidental take statements in a variety of grazing permit cases was arbitrary and cap

Santa Monica Landlords Victorious in Security Deposit Regulation Suit

Jan 1, 2002

Legal Digest, other, Vol. 17 No. 01 Jan 2002

Landlords have won a takings case against the City of Santa Monica regarding the city's regulation of tenant deposits. The Second District Court of Appeal ruled that an ordinance requiring landlords to pay tenants 3% interest on security deposits was an unconstitutional taking. Although the city argued, in part, that the amount of money at stake was not enough to damage the landlords, the court said that $2.3 million was at stake, including about $1,500 for one individual plaintiff. "A small

Citizens Can't Force EPA to Take Action, 9th Circuit Panel Rules

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

Citizens cannot force the Environmental Protection Agency to take enforcement action against polluters under the Clean Water Act, the Ninth U.S. Circuit Court of Appeals has ruled.

Caltrans Gets Dinged for Basing Offer on Illegal Nonconforming Use

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

The final offer that Caltrans made to a landowner whose property was the subject of an eminent domain action was unreasonable and, therefore, the landowner is due litigation expenses from the state, the Fourth District Court of Appeal has ruled. The court ruled that Caltrans's offer was unreasonable because it was based on an illegal nonconforming use of the site.

9th Circuit Rules Superfund Laws Don't Limit City Cleanup Ordinance

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

The Ninth U.S. Circuit Court of Appeals has upheld the validity of a City of Lodi ordinance intended to force the cleanup of contaminated land and groundwater. Although it struck down a few provisions of Lodi's comprehensive law, the court ruled against insurance companies that contended federal and state "Superfund" laws prevented Lodi from imposing its own cleanup regulations.

County's Bingo Tax Passes One Test, But Challenge Doesn't End

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

An assessment levied by Sacramento County on nonprofit organizations that conduct bingo games did not violate a 1994 initiative barring the imposition of a tax or fee on a nonprofit group's income, the Third District Court of Appeal has ruled. However, the appellate panel sent the case back to the trial court to determine whether the fees were closely related enough to county expenses to be legal.

Appellate Court Finds Exception in Tax Initiative for Charter Cities

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

The Proposition 62 requirement that a tax measure receive two-thirds approval by a City Council before going to voters does not apply to charter law cities, the First District Court of Appeal has ruled.

City Is Not Developer's Ally for Mark-Roos Bonds

Dec 1, 2001

Legal Digest, other, Vol. 16 No. 12 Dec 2001

Local governments that float Marks-Roos bonds have a fiduciary responsibility to the investors who hold the bonds – but not to the property owners who provide the revenue to make the bond payments, the Third District Court of Appeal has ruled.

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