Monthly Archives: March 2012

EPA Compliance Orders Are Subject to Judicial Review

A source of great frustration to property owners and developers has been the inability to obtain judicial review of compliance orders issued by the Environmental Protection Agency.  Instead, under prevailing caselaw, the choices have been either to comply with the order or face civil enforcement proceedings, including possible civil penalties. Today, the Supreme Court unanimously … Continue Reading

Supreme Court Declines Review of CEQA Decision Upholding EIR’s Use of Existing Operations Baseline

In Citizens for East Shore Parks  the court of appeal upheld use of existing “on the ground” conditions, including ongoing operations, as the baseline for CEQA review of long-term renewal of a State Lands Commission lease of property used for a marine terminal.  On March 14, 2012 the California Supreme Court denied a petition for … Continue Reading

Ninth Circuit Upholds Removal Of Endangered Species Act Protections for Gray Wolves

Over the course of a decade, the U.S. Fish & Wildlife Service’s repeated attempts to “delist” a portion of the Rocky Mountain gray wolf population from the Endangered Species Act were rebuffed by the courts.  So, the proponents of the delisting turned to Congress.  The result was section 1713 of the 2011 Appropriations Act, which … Continue Reading

An Unnecessary Statutory Duel

Navigating the hazardous shoals of writ practice, attorneys often face the question whether a request for preparation of the record extends the very short, 90-day period to file a petition for writ of mandate. Both the Administrative Procedure Act and Code of Civil Procedure § 1094.6 state that a request for the record extends the … Continue Reading