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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
Court clarifies CEQA rules regarding infeasibility and deferral of mitigation
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
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- January 6 2012
In 2005, the Board of Trustees of the California State University certified an environmental impact report and approved a project for the expansion of San Diego State University to increase student enrollment from 25,000 students to 35,000 students by 2024
Government code does not require analysis of environmental impacts directly related to school facilities
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
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- July 1 2011
In a partially published opinion, the Court of Appeal for the Fifth Appellate District, interpreted Government Code Section 65596(a) (as revised by the Leroy F. Greene School Facilities Act of 1998 “Senate Bill 50”), and examined the effect of language restricting the “methods of considering and mitigating project-related impacts on school facilities” on an environmental impact report (“EIR”
Court affirms CEQA does not require cumulative impact analysis where project makes no contribution to groundwater impacts
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 24 2011
In Santa Monica Baykeeper v. City of Malibu, the Court of Appeal considered Santa Monica Baykeeper’s (“Plaintiff”) claim that the City of Malibu (“City”) abused its discretion in certifying the environmental impact report (“EIR”) for the City’s Legacy Park project (“Project”) because it failed to adequately analyze (1) construction-related water quality impacts; (2) the impact of using treated effluent from the adjoining Malibu Lumber Yard; and (3) cumulative groundwater impacts of the project
Municipalities are responsible for discharges of stormwater regardless of the ultimate source of pollution
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 12 2011
The Ninth Circuit Court of Appeals held that environmental groups were entitled to summary judgment after presenting evidence that the Los Angeles County Flood Control District ("District") had illegally discharged polluted stormwater into the Los Angeles River and San Gabriel River in violation of the federal Clean Water Act
County approval of conditional siting agreement not a project approval under CEQA
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- July 15 2010
Last month the California Court of Appeal for the Fourth District provided important guidance on the issue of when approval of an agreement affecting a development constitutes approval of a "project" that requires review under the California Environmental Quality Act ("CEQA"
General and special benefits of special assessments must be separated and quantified
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- June 21 2010
In Beutz v County of Riverside, No RIC457351 (4th Dist May 26, 2010), the California Court of Appeal held that a special assessment imposed by the County of Riverside was invalid because the engineer's report commissioned by the County failed to separate and quantify the general and special benefits to be realized from the public parks that were the subject of the special assessment district
Bureau of Reclamation decision to withhold water, as required by federal law, did not breach 1983 state water contracts nor did it constitute a taking of a vested property right
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- March 26 2007
In this action against the United States, the United States Court of Federal Claims held that the Bureau of Reclamation did not breach several 1983 state water contracts with two California water districts when it withheld water from the New Melones Reservoir for fish and wildlife purposes, as required by the Central Valley Project Improvement Act
Current Search
- Jurisdiction - USA
- Workarea - Environment
- Workarea - Litigation
- Workarea - Public
- Firm Name - Sheppard Mullin Richter & Hampton LLP