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- California Adopts Strict New Car Standards, Updates Zero-Emissions Vehicle Mandate
- Environmental inconsistency presented by the President in his State of the Union address. Letter to the Editor, SD U-T (1-26-12)
- Court of Appeal applies 90-day statute of limitations to city denial of zoning change
- 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.
- New California Supreme Court decision limits exposure to asbestos liability
- Appellate Court holds CEQA does not require affordable housing alternative in EIR if that is not a foreseeable use
- Court holds State Lands Commission need not consider alternate public trust use when renewing marine terminal lease; lease renewal as CEQA project does not trigger assessment of claimed impacts of the existing use
- Federal judge blocks Calif. low-carbon fuels rule
- Green Chamber Says No to Keystone, Dirty Fuels (SD U-T) 12-29-11
- California Approves Rules Restricting Use of High-Carbon Crude
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Archives
Category Archives: Appellate Case Summaries
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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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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Court holds State Lands Commission need not consider alternate public trust use when renewing marine terminal lease; lease renewal as CEQA project does not trigger assessment of claimed impacts of the existing use
Citizens for East Shores Park v. Cal. State Lands Commission 2012 DJDAR 28. A129896 (December 30, 2011) A citizen’s group challenged the State Lands Commission’s approval of a lease renewal with Chevron for a bayside terminal, claiming the Commission violated … Continue reading
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Summary of case involving CEQA challenge to EIR based on traffic conditions: Pfeiffer v. City of Sunnyvale (Nov. 22, 2011)
Pfeiffer v. City of Sunnyvale (Nov. 22, 2011) Cal. Court of Appeal (6th District) H036310 Interesting case involving CEQA challenge to EIR based on traffic conditions: SUMMARY OF KEY FACTS: The project proponent sought in this case to demolish a … Continue reading
Posted in Appellate Case Summaries, Current News
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Appellate case limits right of suspended corporation to revive statute of limitations in CEQA case
Friends of Shingle Springs Interchange Inc. v. County of El Dorado, Cal.App.4th , DJDAR16849 (Nov. 22, 2011) When a corporation’s powers are suspended, it lacks standing to sue. Substantial compliance with corporate laws may restore such standing, however, the Court … Continue reading
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Summary of case involving the role of CEQA in assessing impact of global warming on project: Ballona v. Los Angeles (Nov. 9, 2011)
Ballona Wetlands Land Trust v. City of Los Angeles ((November 9, 2011) Cal. Court of Appeal (Second District, Division 3) B231965 Interesting case involving the role of California Environmental Quality Act (CEQA) in assessing potential flooding of proposed project due … Continue reading
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Summary of case showing how a homeowners’ association’s CC&Rs can conflict with an owner’s solar energy plans
Teroso Del Valle Homeowners Assoc. v. Griffin (October 3, 2011) Cal. Court of Appeal (Second District, Division 2) B222531 Interesting case showing how a homeowners’ association’s CC&Rs can conflict with an owner’s solar energy plans: SUMMARY OF KEY FACTS: After … Continue reading
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