Legal Digest

Although it was overshadowed by higher-profile cases, a California water controversy decided in late June by the U.S. Supreme Court might have been the most closely watched case by California farmers, water districts and environmentalists. >>read more

A ruling in an endangered species case from Arizona demonstrates how sharply divided federal judges are regarding the legal protections afforded to rare animals and plants. In an extremely short opinion, a Ninth U.S. Circuit Court of Appeals panel ruled 2-1 that the Army Corps of Engineers was not obliged to consult with the U.S. Fish and Wildlife Service (USFWS) regarding the impacts of two proposed housing developments on the ferruginous pygmy owl. >>read more

A limit on the amount of trash that can be discharged into the Los Angeles River has been upheld by the Ninth U.S. Circuit Court of Appeals. The court rejected a challenge filed by 22 cities in Los Angeles County to a limit established by the Los Angeles Regional Water Quality Control Board. >>read more

The saga of public access to a beach adjacent to entertainment mogul David Geffen's house in Malibu has apparently concluded, with public access secure. >>read more

A redevelopment plan covering more than 10,000 acres in San Jose has been upheld by the Sixth District Court of Appeal. The court ruled that the city had proven that blight existed in the six sub-areas of the project. >>read more

Approval of a tentative parcel map does not prevent zoning changes from applying to the subdivision, the Fourth District Court of Appeal has ruled. In a case from Orange County, the court ruled that the county could enforce provisions in a specific plan adopted after the county approved a four-lot parcel map for 9.2 acres within the specific plan area. >>read more

The City of Los Angeles was correct to revoke a building permit even though the permit holder had spent more than $200,000 on real estate and construction as a result of the city's advice and permit, the Second District Court of Appeal has ruled. >>read more

A land exchange between the State Lands Commission and the City of Long Beach to accommodate a retail development project has been thrown out by the Third District Court of Appeal. The court ruled that the state agency and the city violated the state law that permits the swapping of land covered by the tidelands public trust doctrine. >>read more

The state Supreme Court has accepted for review a California Environmental Quality Act case involving the water supply for a huge project in Sacramento County. >>read more

A new opinion issued by the state attorney general's office regarding housing elements appears to allow cities and counties to skirt their mandated fair-share housing numbers if the local government lacks the resources sufficient to provide the units. >>read more

The First District Court of Appeal has blocked a developer's request to collect from its courtroom opponents the cost of preparing the administrative record in a California Environmental Quality Act lawsuit. >>read more

Santa Cruz County is not allowed to regulate the height of mobile homes because state law has pre-empted the possibility of a local ordinance, the Sixth District Court of Appeal has ruled. >>read more

Two water transfers from irrigation districts to the City of Tracy did not require a combined environmental impact report, the Third District Court of Appeal has ruled. The court found that the separate negative declarations adopted by the irrigation districts provided adequate review under the California Environmental Quality Act (CEQA). >>read more

The California Supreme Court has accepted two more land use cases, one of which is a California Environmental Quality Act (CEQA) case that has generated quite a bit of discussion. The second one is an inverse condemnation case involving street landscaping that blocks a view of billboards. >>read more