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4 May 2016, 3:11 pm by Arthur F. Coon
The California Supreme Court held a lively oral argument session this morning (May 4, 2016), at 9:00 a.m. in its San Francisco courtroom in the case of Friends of the College of San Mateo Gardens v. [read post]
14 Apr 2016, 5:19 am by Daniel Schwartz
While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in today’s post. [read post]
23 Mar 2016, 1:59 am by Patrick Bracher
Heinz Co. v Starr Surplus Lines Insurance Co., case number 2:15-cv-00631, in the US District Court for the Western District of Pennsylvania) [read post]
11 Mar 2016, 5:18 pm by Arthur F. Coon
In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on the “psychological and social” impacts of the proponent’s related closure of a public horse boarding facility (the “Stock Farm”) which he had operated pursuant to a CUP for 20 years on the 11.6-acre property. [read post]
1 Feb 2016, 2:46 pm by Arthur F. Coon
The evolution of CEQA traffic impacts analysis from level of service (LOS) methodology to a vehicle miles traveled (VMT) analysis continues apace. [read post]
9 Jan 2016, 1:21 pm by Arthur F. Coon
In a lengthy opinion filed December 2, 2015, and belatedly ordered published on January 4, 2016, the Third District Court of Appeal invalidated the California Department of Food and Agriculture’s (CDFA) programmatic EIR for a seven-year program to eradicate an invasive pest – an Australian native insect known as the light brown apple moth (LBAM) – that threatens California’s native plants and agricultural crops. [read post]
2 Dec 2015, 3:48 pm by Arthur F. Coon
In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. [read post]
24 Nov 2015, 12:03 pm by Arthur F. Coon
The First District Court of Appeal held the California State Lands Commission’s (“CSLC”) EIR for a project involving the lease of sovereign lands beneath San Francisco Bay for private dredge mining of sand complied with CEQA; however, it partially reversed the trial court’s judgment denying a writ because the record failed to demonstrate CSLC’s compliance with the public trust doctrine. [read post]
10 Nov 2015, 11:56 am by Arthur F. Coon
On remand following a landmark California Supreme Court decision, the First District Court of Appeal filed its opinion affirming the trial court’s judgment on September 23 and later ordered it published on October 15, 2015. [read post]