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Weekly Cases Update Volume 42, Issue 33

Stockton Citizens for Sensible Planning v. Stockton, City of

ELR 20235
C067164 (Cal. Ct. App. 3d Dist., November 2012)

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws. Their suit, however, is time barred under Cal. Gov. Code §...

Civil procedure, Zoning

Leon County, Florida v. Federal Housing Finance Agency

ELR 20238
11-15614 (11th Cir., November 2012)

The Eleventh Circuit affirmed a lower court decision dismissing a county's lawsuit challenging a Federal Housing Finance Agency (FHFA) directive advising Fannie Mae and Freddie Mac to refrain from purchasing mortgages encumbered with certain first-priority lien obligations under the Property...

Energy (generally)

United States v. CITGO Petroleum Corp.

ELR 20237
C-06-563 (S.D. Tex., November 2012)

A district court denied the U.S. government's motion to empanel a sentencing jury to determine an oil company's gross pecuniary gain stemming from CAA and Migratory Bird Treaty Act violations. After the company was convicted under both statutes, the government recommended that the court impose a...

Sentencing guidelines

Western Watersheds Project v. Salazar

ELR 20236
11-00492 (C.D. Cal., November 2012)

A district court held that DOI complied with NEPA, the ESA, and FLPMA when it approved the construction of a large solar power plant in California's Mojave Desert. Environmental groups filed suit, alleging that BLM and FWS inadequately considered the project's effect on existing populations of...

Discussion of, held adequate, Biological opinion, §7(b)