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Friends of the Santa Clara River v. Castaic Lake Water Agency

A California appellate court reversed a lower court decision denying an environmental group's petition to challenge the urban water management plan for the Santa Clarita Valley. The plan provides that during dry periods, the water districts will take more water from groundwater deep below an aquifer...

Avenal v. State

The Louisiana Supreme Court threw out a $1.3 billion takings judgment awarded to oyster fishermen holding oyster leases in the Breton Sound area who allegedly suffered a compensable taking under the Louisiana Constitution as a result of the state's operation of a coastal restoration project that alt...

Johnson v. State Water Resources Control Bd.

A California appellate court held that a discretionary decision by the state water resources control board as to whether to review a regional water resources control board's decision imposing administrative penalties is not subject to judicial review. The case arose after landowners were assessed a ...

Leavitt v. Madera, County of

A California appellate court reversed a lower court's dismissal of residents' petition for writ of mandamus challenging a county's approval of a residential development project under the California Environmental Quality Act (CEQA). A "request for a hearing" under CEQA §21167.4 need not include ...

Ebbetts Pass Forest Watch v. Department of Forestry & Fire Protection

A California appellate court upheld the dismissal of an environmental group's suit challenging the state forest department's approval of six timber harvest plans. The department proceeded in the manner required by law in determining the geographic assessment area, and substantial evidence supports t...

Central Delta Water Agency v. State Water Resources Control Bd.

A California appellate court held that under the state constitution and the state Water Code, an application for a permit to impound water in a reservoir must state, and the Water Board must determine, that an actual, intended beneficial use, in estimated amounts, will be made of the impounded water...

Save Our Sunol v. Mission Valley Rock Co.

A California appellate court dismissed a preservation group's suit to enjoin a quarry project under a county initiative that requires new quarries outside an urban zone to be sanctioned by voters. The initiative does not apply to preexisting legal land uses and rights to development. Here, the count...

Thousand Trail, Inc. v. California Reclamation Dist. No. 17

A California appellate court upheld the dismissal of a campground's suit against a reclamation district after intentional levee cuts by the district released floodwater onto the campground property. The district is entitled to immunity under the California Emergency Services Act and under the police...

Gaggero v. San Diego, County of

A California appellate court held that a landfill is an "improvement" within the meaning of the 10-year statute of repose provided by the California Code of Civil Procedure §337.15. The case arose after the current owners of the landfill who turned it into a nursery noticed severe subsidence on...

City Council of Watervliet v. Town Bd. of Colonie

New York's highest court held that review under the State Environmental Quality Review Act (SEQRA) is required before a municipality adopts a resolution approving the annexation of real property from an adjacent municipality, but the extent of the environmental assessment (EA) is dependent on the sp...