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What is the Twombly Motion-to-Dismiss Standard for Antitrust Cases? Comparing the Ninth and Second Circuits
15 Aug 2020, 11:36 am by Bona Law PC
” Gelboim v. [read post]
The Antitrust Attorney Blog - http://www.theantitrustattorney.com/
Tort Law’s Sleight of Hand – Part 4
8 Aug 2020, 4:23 am by Schachtman
For example, in Triplett v. [read post]
Tortini - http://schachtmanlaw.com/blog/
“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead Agency To Retain Documents Within Its Scope And Not Destroy Them Prior To Record Preparation
5 Aug 2020, 2:39 pm by Arthur F. Coon
In a 77-page published opinion filed on July 30, 2020, the Fourth District Court of Appeal (Div. [read post]
CEQA Developments - http://www.ceqadevelopments.com
[Josh Blackman] Leaks from the Supreme Court, Part III: Justice Kavanaugh's Weak and Ineffective Term
29 Jul 2020, 5:04 pm by Josh Blackman
[After two days of hero worship for Chief Justice Roberts and Justice Gorsuch, day three dumps on the Junior Justice.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
Third Time Is Not The Charm: Fourth District Affirms Judgment Setting Aside San Diego County’s Climate Action Plan And Related Supplemental EIR Approvals Due To CEQA Violations
29 Jun 2020, 9:31 am by Arthur F. Coon
  (Golden Door Properties, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Antitrust and the Meatpacking Industry
6 Jun 2020, 4:59 pm by Center for Agricultural Law and Taxation at Iowa State University
[iv] If there is no direct evidence of such an agreement, plaintiffs must show there was parallel action—where the defendants all acted in unison and the behavior “would probably not result from chance, coincidence, independent responses to common stimuli, or mere interdependence unaided by an advance understanding among the parties”[v]—and “plus factors” which show collusion. [read post]
ISU CALT Articles - http://www.calt.iastate.edu/article
Back To CEQA Basics: Second District Teaches That CEQA Requires Judicial Deference To Lead Agency’s Chosen Baseline, Failure To Administratively Exhaust “Exact Issue” Results In Forfeiture, And An EIR Is Not Faulty For Omitting Immaterial Information
21 Apr 2020, 1:11 pm by Arthur F. Coon
Plaintiff CBE argued the FEIR – which had a 180-page index and consisted of a 1700-plus page DEIR and more than 6,000 pages of comments and responses, exclusive of technical appendices – was faulty in four respects. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Once More Into the “Brambled Thicket”: Fourth District Reverses Ruling Sustaining Demurrer to Action Challenging Caltrans’ Claim of Statutory CEQA Exemption For Freeway Interchange Project, Holds Streets and Highways Code § 103’s Coastal Commission Exemption Does Not Apply And That Petition Adequately Pleaded Estoppel Against Caltrans to Assert 35-Day Statute of Limitations Based on NOE Filing
1 Apr 2020, 4:33 pm by Arthur F. Coon
  Citizens for a Responsible Caltrans Decision v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Second District Affirms Judgment Invalidating City of Agoura Hills’ Mixed-Use Project Approvals and Related MND Based On CEQA and Local Oak Tree Ordinance Violations
27 Mar 2020, 6:32 pm by Arthur F. Coon
  (Monterey Coastkeeper v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Spring CEQA Roundup – 2020
23 Mar 2020, 10:56 am by Arthur F. Coon
  (Citing, e.g., Rich v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fifth District Holds EIR For Kern County’s Ministerial Oil and Gas Well Permitting Ordinance Violates CEQA Due To Improperly Deferred Mitigation For Water Supply Impacts, Inadequate Mitigation For Farmland Conversion, And Inadequate Analysis of Noise Impacts
3 Mar 2020, 4:53 pm by Arthur F. Coon
  King and Gardiner Farms, LLC v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Rejects CEQA Challenges To Chico Walmart Expansion Project EIR’s Urban Decay Analysis And City’s Statement Of Overriding Considerations
9 Oct 2019, 12:59 pm by Arthur F. Coon
The scaled-down 2015 project’s EIR included a 43-page urban decay analysis supported by a 123-page study by ALH Urban & Regional Economics (ALH). [read post]
CEQA Developments - http://www.ceqadevelopments.com
Fourth District Rejects Coastal Act/CEQA-Based Challenges To Commission’s Certification of San Diego Port Plan Amendment As Time-Barred For Failure To Join Indispensable Parties Within Limitations Period
3 Oct 2019, 3:51 pm by Arthur F. Coon
In a 68-page published opinion filed September 27, 2019, the Fourth District Court of Appeal (Div. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Not A CEQA “Project”? Not So Fast, Lead Agency! Supreme Court Reverses Fourth District’s Decision That San Diego’s Adoption of Medical Marijuana Dispensary Ordinance Was Not A Project Requiring CEQA Review
21 Aug 2019, 8:51 pm by Arthur F. Coon
  Union of Medical Marijuana Patients, Inc. v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
Third District Upholds Sustainable Communities Environmental Assessment (SCEA) Used Instead Of Traditional CEQA Document To Approve High-Rise, High-Density Mixed-Use Condo Housing Project In Sacramento’s Midtown
19 Jul 2019, 4:37 pm by Arthur F. Coon
  Sacramentans for Fair Planning v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
The Curious Case of the EIR Without A “Project”: Third District Rejects CEQA, Statutory Challenges To DOGGR’s “Unique” S.B. 4-Mandated EIR Analyzing Statewide Fracking/Well Stimulation Impacts
19 Jun 2019, 4:51 pm by Arthur F. Coon
  Center for Biological Diversity v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
What Powers Does a Formal Impeachment Inquiry Give the House?
21 May 2019, 10:57 am by Molly E. Reynolds, Margaret Taylor
The 12-page letter states, in essence, that the White House will not be providing any documents or information requested by the committee as part of an investigation announced on March 4 “into the alleged obstruction of justice, public corruption, and other abuses of power by President Trump, his associates, and members of his Administration. [read post]
Lawfare - http://www.lawfareblog.com/
More Justice Department Precedent in Support of Mueller’s Obstruction Theory
14 May 2019, 4:47 am by Andrew Kent
They trace this clear statement rule primarily to a 1992 Supreme Court case—Franklin v. [read post]
Lawfare - http://www.lawfareblog.com/
The Special Counsel’s Constitutional Analysis: Corrupt Intent and the Take Care Clause
30 Apr 2019, 8:54 am by Josh Blackman
U.S., U.S. v. [read post]
Lawfare - http://www.lawfareblog.com/
Mueller Report Redactions: Will Congress Ever See All of the Mueller Grand Jury Material?
17 Apr 2019, 6:11 am by Mikhaila Fogel, Margaret Taylor
Precedents for the Judiciary Committee Receiving 6(e) Grand Jury Material Our colleagues have written extensively on the Watergate road map, a 55-page document written by Special Prosecutor Leon Jaworski’s staff to guide the House judiciary committee through grand jury evidence implicating Nixon in the Watergate scandal. [read post]
Lawfare - http://www.lawfareblog.com/