Colorado Oil and Gas Operators Breathe Sigh of Relief

by Frances Folin Yesterday, the Colorado Supreme Court handed down its much-anticipated decision in the COGCC v. Martinez case (2019 CO 3).  To the relief of oil and gas companies operating in Colorado, the Colorado Supreme Court found in favor … Continue reading

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Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

By: Graham Gilbert In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include … Continue reading

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Local Drone Law Preempted

by Patrick J. Paul On September 21, 2017, in what is believed to be the first federal court ruling on the issue of local drone regulation, the United States District Court for the District of Massachusetts in Singer v. City … Continue reading

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California Supreme Court Invalidates EIR for Coastal Mixed-Use Development

by Richard J. McNeil The California Supreme Court’s recent decision in Banning Ranch Conservancy v. City of Newport Beach, ___ Cal. 4th ___ (2017) (Case No. S227473, Mar. 30, 2017) serves as a cautionary reminder that–as stated by the Court … Continue reading

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Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Mitchell J. Klein In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials. … Continue reading

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In a Victory for Businesses and Developers, the United States Supreme Court Holds that Clean Water Act Jurisdictional Determinations Are Appealable

by Chris Colyer The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq. This decision, United … Continue reading

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Does a Project’s Impact on the “Character of the Community” Need to Be Evaluated under CEQA?

by Sean M. Sherlock Harry Rogers owned and operated a horse boarding facility called the Stock Farm, in the City of Poway, California – a city that proudly calls itself the “City in the Country.”  Rogers wanted to shut down … Continue reading

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It’s the Effect of the Project on the Environment – Not the Effect of the Environment on the Project

by Sean Sherlock The California Supreme Court has resolved a longstanding uncertainty regarding the scope of environmental review under the California Environmental Quality Act (“CEQA”). In 1995, a California Court of Appeal held that CEQA requires a lead agency to … Continue reading

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California Water Law Update

By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources … Continue reading

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Project Built at Variance With EIR Subject to Late CEQA Lawsuit

By:  Sean M. Sherlock Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination.  But a … Continue reading

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