Monthly Archives: January 2012

California Adopts Strict New Car Standards, Updates Zero-Emissions Vehicle Mandate

By Carolyn Whetzel Reprinted from Bloomberg BNA LOS ANGELES—California air quality officials Jan. 27 adopted new standards requiring automobile manufacturers, over the next 13 years, to reduce ozone-forming emissions from cars and light-duty trucks by 75 percent from 2014 levels … Continue reading

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Environmental inconsistency presented by the President in his State of the Union address. Letter to the Editor, SD U-T (1-26-12)

The president in his State of the Union address appealed to environmental issues inconsistently. He promoted clean energy and expressed concern about climate change, yet he embraced all domestic energy sources, including shale oil, which is as dirty as the … Continue reading

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Court of Appeal applies 90-day statute of limitations to city denial of zoning change

General Development, LP v. City of Santa Maria (January 25, 2012) Cal. Court of Appeal (Second District, Division 6) B228631 The Court of Appeal held that the short 90-day statute of limitations contained in Government Code section 65009 barred a … Continue reading

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Court allows class action to proceed against Chevron over allegations it overcharges for gasoline above 60 degrees F; Court says judicial abstention is not appropriate.

Klein v. Chevron USA, Inc. (2nd Dist.) B219113 (Jan. 25, 2012) Class action plaintiffs sued Chevron, alleging that Chevron overcharged California customers for gasoline by failing to adjust the price when selling gas above 60 degrees F. It was uncontested … Continue reading

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Court of Appeal holds county should have prepared tiered EIR instead of a negative declaration with regard to an oak woodland management plan and mitigation fee program

Center for Sierra Nevada Conservation v. County of El Dorado Jan. 20, 2012 Cal. Court of Appeal (3rd App. Dist.)  2012 DJDAR C064875 The Court of Appeal reversed the trial court’s approval of the County’s Negative Declaration in conjunction with … Continue reading

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Ninth Circuit finds EPA’s approval of State Implementation Plan dealing with ozone in San Joaquin Valley was arbitrary and capricious by relying on old data

Sierra Club v. U.S. E.P.A. (9th Cir. 2012) Jan. 20, 2012 2012 DJDAR 844 10-71457 Environmental organizations challenged the federal EPA’s approval in 2010 of California’s proposed 2004 state implementation plan (SIP) for the San Joaquin Valley’s nonattainment area for … Continue reading

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New California Supreme Court decision limits exposure to asbestos liability

O’Neil v. Crane Co., Cal. S177401, Jan. 12, 2012 The California Supreme Court held that manufacturers of valves and pumps, which were integrated into boilers that had asbestos insulation, were not strictly liable for personal injuries resulting from exposure to … Continue reading

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Appellate Court holds CEQA does not require affordable housing alternative in EIR if that is not a foreseeable use

The Flanders Foundation v. City of Carmel-by-the-Sea Cal.App. , DJDAR 121 (Jan. 4, 2012) The City of Carmel-by-the-Sea intended to sell an historical piece of real property that was constrained to historical uses. As a result, the city did not … Continue reading

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