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No relief under CCP Section 473 for missed filing deadline in CEQA challenge

Sheppard Mullin Richter & Hampton LLP
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USA
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April 22 2013

In Alliance for the Protection of the Auburn Community Environment v. County of Placer, the California Court of Appeal for the Third District

Utility pole not a point source under the Clean Water Act

Sheppard Mullin Richter & Hampton LLP
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USA
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April 16 2013

Last week the Ninth Circuit held that utility poles are not "point sources" of stormwater discharge nor "associated with industrial activity," and

Conveyance of polluted water within river involves no 'discharge' under Clean Water Act

Sheppard Mullin Richter & Hampton LLP
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USA
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January 10 2013

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for

Further confirmation notice of exemption filed before project approval is void

Sheppard Mullin Richter & Hampton LLP
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USA
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October 30 2012

The partially published opinion in Coalition for Clean Air v. City of Visalia brightened the line regarding when a California Environmental Quality Act Notice of Exemption (NOE) is valid

The amorphous "unusual circumstances" exception to CEQA's categorical exemption strikes again

Sheppard Mullin Richter & Hampton LLP
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USA
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October 26 2012

The recent Voices for Rural Living v. El Dorado Irrigation District case from the California Court of Appeal’s Third District applied the “unusual circumstances” exception to overturn a categorical exemption used to approve a water supply memorandum of understanding (MOU) for an existing Native American casino

Recovery plan not binding on delisting decisions

Sheppard Mullin Richter & Hampton LLP
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USA
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September 17 2012

On August 17, 2012, the DC Circuit Court overturned a district court ruling that the Fish and Wildlife Service violated the Endangered Species Act (16 U.S.C. 1531 et seq.) by delisting the West Virginia Northern Flying Squirrel when several criteria in the squirrel's recovery plan remained unfulfilled

Swimming upstream: 9th Circuit CWA cases heading to SCOTUS

Sheppard Mullin Richter & Hampton LLP
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USA
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August 17 2012

The U.S. Supreme Court has agreed to review two U.S. Ninth Circuit Court of Appeals Clean Water Act (CWA) cases

Appeals court reaffirms that non-prejudicial planning and zoning code and CEQA errors cannot serve as basis for overturning city approval

Sheppard Mullin Richter & Hampton LLP
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USA
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August 8 2012

On July 31, 2012, the California Court of Appeal for the Fourth District held that the trial court erred in invalidating the City of Rialto’s (the “City”) approval of a 230,000 square foot commercial retail center to be anchored by a 24-hour Wal-Mart “Supercenter,” despite numerous procedural errors in the approval process because the plaintiff made no attempt to show, and the trial court did not find, that those errors resulted in prejudice or substantial injury, or that a different result was probable absent the errors

Supreme Court to hear two significant clean water cases

Sheppard Mullin Richter & Hampton LLP
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USA
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July 20 2012

The Supreme Court has agreed to review two Ninth Circuit Court of Appeals Clean Water Act (“CWA”) cases

Impacts on required public services not an environmental impact; no mitigation required

Sheppard Mullin Richter & Hampton LLP
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USA
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July 12 2012

The Court of Appeal held that potential adverse impacts on required public services are not environmental impacts under CEQA requiring mitigation by the project proponent

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