Court of Appeal Finds Counsel’s Legal Research Lacking, Dismisses Claim

Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission (Jan. 28, 2014) ___ Cal.App.4th ___, Case No. F066544 In Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission, the Court of Appeal clarified …

Wild Fish Conservancy’s Challenge to Federal Government’s Water Diversions in Columbia River Basin Dismissed by Ninth Circuit Court of Appeals Panel

The Ninth Circuit Court of Appeals dismissed an action by the Wild Fish Conservancy, which claimed the federal government was improperly diverting water needed by native fish populations to a Washington fish hatchery. In Wild …

Legislature Overwhelmingly Approves New CEQA Legislation With Two Aims: Limited Streamlining of California’s Premier Environmental Law and Fast-Tracking a New Sacramento Arena

On the final night of this year’s legislative session, Senate President Pro Tem Darrell Steinberg won approval in both houses for Senate Bill 743. The bill contains limited reforms to the California Environmental Quality Act …

Third District Court of Appeal Explains Why State Water Resources Control Board Has Authority to Determine Whether or Not It Has Authority Over Water Diversions

Finding the issue to be of “continuing public interest and importance,” the Third District Court of Appeal ruled in Young et al. v. State Water Resources Control Board, ___Cal.App.4th ___ (Sep. 4, 2013, Case No. …

Five RMM Attorneys Selected for Inclusion in 2013 Northern California Super Lawyers® magazine

RMM congratulates Jim Moose, Whit Manley, and Sabrina Teller on being listed in the 2013 Northern California Super Lawyers magazine.  Amanda Berlin and Laura Harris were also included in the Rising Stars section.  The selection …

Second District Court of Appeal Upholds Environmental Impact Report for a Sand and Gravel Mining Project against Challenge to Report’s Analysis of Hydrological Impacts

On February 8, 2013, the Second District Court of Appeal in Save Cuyama Valley v. County of Santa Barbara et al. (2013) __Cal.App.4th__ (Case No. B233318) upheld the Santa Barbara County Superior Court’s determination that …

California Supreme Court Grants Review of Tuolumne Jobs & Small Business Alliance v. Superior Court

On February 13, 2013, the California Supreme Court granted a petition for review of Tuolumne Jobs & Small Business Alliance v. Superior Court (2012) 210 Cal.App.4th 1006. The appellate court in Tuolumne Jobs had acknowledged …

Draft CEQA Guidelines Update for Infill Projects

The Natural Resources Agency has forwarded the final proposed Infill Guidelines, Public Resources Code sections 21095.6 and 21094.5.5, to the Office of Administrative Law. The OAL’s deadline to complete review and approval of the new …

California Air Resources Board Conducts Auction for Cap-And-Trade Program

On November 14, 2012, the California Air Resources Board will conduct its first quarterly auction for greenhouse gas allowances under the cap-and-trade program, which is identified in the Assembly Bill 32 Scoping Plan as one …

Fourth District Court of Appeal Holds a City May Adopt Revisions to Its Housing Element That Create Inconsistencies With the General Plan If the City Also Adopts a Timeline for Proposed Changes to the General Plan That Correct Those Inconsistencies

On November 1, 2012, the Fourth District Court of Appeal in Friends of Aviara v. City of Carlsbad (2012) __ Cal.App.4th __ (Case No. D060167), affirmed the trial court’s judgment directing the city to adopt …

First District Court of Appeal Upholds Categorical Exemption Determination for Installation of Telecommunication Equipment on Existing Utility Poles

On July 20, 2012, the First District Court of Appeal—in Robinson v. City & County of San Francisco (2012) 2012 Cal.App.LEXIS 903—affirmed a trial court ruling denying a petition for writ of mandate brought by …

Supreme Court Grants Review in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority

This spring, we blogged on the opinion of the Second Appellate District Court of Appeal in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2012) 205 Cal.App.4th 552, which upheld the use of …

Second District Court of Appeal Publishes City Of Maywood v. Los Angeles Unified School District in its Entirety, Including Previously Unpublished Portions of the Decision that Found School’s EIR to Be Inadequate.

On August 14, 2012, the Second District Court of Appeal ordered its entire ruling published in the case of City of Maywood v. Los Angeles Unified School District (2012) __Cal.App.4th__ (Case Nos. B233739, B236408), including …

Fourth District Upholds City’s Project Approvals Despite Numerous Procedural Errors When Plaintiffs Failed to Show That Those Errors Resulted in Prejudice or Substantial Injury

On July 31, 2012, the California Court of Appeal for the Fourth District certified its ruling for partial publication in Rialto Citizens for Responsible Growth v. City of Rialto  (2012) 208 Cal.App.4th 44.   Factual and …