Monthly Archives: December 2012

Fish & Game Commission’s Decision To Deny Petition To Remove Coho Salmon From The State Endangered Species List Upheld

The California Endangered Species Act allows interested parties to file a petition with the California Fish & Game Commission to list or delist a species as threatened or endangered.  If the Commission accepts the petition, it then decides whether to take the action requested in the petition, based on a scientific report on the species … Continue Reading

CEQA Doesn’t Apply to Declaration of Water Emergency Authorized by Judgment Governing Groundwater Basin

A water replenishment district’s declaration of a water emergency was not subject to CEQA because the declaration itself had no environmental impact, it was authorized under the terms of a judgment imposing a physical solution on the groundwater basin,  and the district had no discretion to alter the terms of the judgment which specify the consequences … Continue Reading

EIR’s Project Description For Municipal Park Properly Excluded Proposed Development On Adjacent Property Claimed to Be a Related Project

In rejecting the claim that the City of Newport Beach improperly “piecemealed” its environmental review of a municipal park project, the court upheld the city’s decision to exclude from the EIR’s project description a pending proposal to build residential and commercial uses on an adjacent property.  The court based its ruling on the principle that … Continue Reading

Supreme Court Rules Temporary Flooding May Give Rise To Takings Claim

In an important constitutional decision, the Supreme Court made clear there is no “blanket” rule prohibiting a takings cause of action for government-induced flooding that is only temporary.  The Court therefore reversed the Federal Circuit, which had decided such flooding must be “permanent or inevitably recurring” to give rise to a viable takings claim.  Arkansas … Continue Reading