Please see the following legal alerts pertaining to KMTG's environmental law practice.
October 5, 2011
Court Invalidates Urban Development Project EIR For Failing To Disclose And Address Water Supply Uncertainties
September 10, 2011
County Not Liable For Damage From Flooding And Debris That Occurred After It Installed An Improvement To Try To Protect Neighborhood
September 8, 2011
City Properly Balanced Benefits Of Hospital Project Against Its Adverse Impacts On Neighboring Residents
August 3, 2011
District Court Rejects Claims to Area of Origin Priority by Tehama-Colusa Canal Authority
July 25, 2011
CEQA Does Not Work In Reverse To Require Environmental Impact Report Where The Environment Will Have An Effect On A Project
July 22, 2011
UPDATE: Supreme Court Relaxes Standing Requirement For Corporations In CEQA Cases But Finds No EIR Is Required For Ordinance That Bans Use Of Plastic Shopping Bags
July 20, 2011
Local Government's Decision To Prepare An EIR Does Not Preclude It From Later Invoking A CEQA Exemption
July 8, 2011
Railroads Not Liable For Contamination From Outside Source That Migrated Onto Their Property Through Drain They Installed
July 8, 2011
Indirect Impacts On School Facilities Must be Considered and Mitigated Under CEQA
July 5, 2011
City’s Revised Environmental Impact Report On Seismic Impacts Met CEQA Requirements
June 29, 2011
Environmental Group Failed To Exhaust its Administrative Remedies Before Bringing Suit Against City of San Diego
June 8, 2011
Value Of Emission Reduction Credits Could Be Included In The Assessment Of Power Plant For Property Tax Purposes
April 15, 2011
CEQA UPDATE REGARDING SENATE BILL 1456: Recent Amendments to the California Environmental Quality Act Address Settlement, Mediation, Frivolous Claims, Tiered Environmental Impact Reports, and Expedited Review
February 10, 2011
Recent Amendments to the California Environmental Quality Act Address Settlement, Mediation, Frivolous Claims, Tiered Environmental Impact Reports, and Expedited Review
February 7, 2011
Landowners Can Sue For Loss Of Property Value Due To Listing Of Stream As "Impaired Water Body" Under Clean Water Act
January 7, 2011
City Council Erred in Certifying Environmental Impact Report that Utilized Projected Traffic Conditions in the Year 2020 as a Baseline to Evaluate a Proposed Roadway Project’s Environmental Impacts
January 3, 2011
CALIFORNIA SUPREME COURT UPDATE: Facially Valid Notice of Exemption Triggers 35-Day Statute Of Limitations, Even If Challenger Contests Underlying Process to Approve Project
November 22, 2010
County Erred By Finding Development Was Exempt From The California Environmental Quality Act Due To An In-Fill Exemption Where Development Was Not Within The Boundaries Of A Municipality
October 18, 2010
Court Upholds Urban Water Agency’s Supply Projections Despite Uncertainties Arising From Listed Species And Environmental Regulations
September 3, 2010
City Not Required To Prepare Supplemental Environmental Impact Report To Address Global Climate Change Where City Did Not Grant A Discretionary Approval That Allowed It To Address The Project’s Impact On This Issue
July 9, 2010
Decisions of Federal Agencies to Approve Construction in California Wetlands Were Not Arbitrary and Capricious
June 15, 2010
Environmental Impact Report For Open-Air Human Waste Composting Facility Failed To Adequately Analyze Enclosed Alternative
May 19, 2010
Environmental Impact Report Was Not Deficient Because It Failed To Consider “True” Off-Site Alternative
April 27, 2010
Inclusion Of “Supercenter” In Project Does Not Necessarily Trigger Requirement That An Environmental Impact Report Analyze Possible Urban Decay Effects
March 24, 2010
Maximum Capacity Allowed Under Prior Equipment Permits Should Not Be Used As The Baseline To Determine Whether A New Project Using That Equipment Will Have A Significant Environmental Effect
March 16, 2010
CALIFORNIA SUPREME COURT UPDATE: Filing Of NOD Triggers 30-Day Statute Of Limitations For All CEQA Challenges
February 22, 2010
CEQA Guidelines Amendments Adopted By The California Natural Resources Agency Address Mitigation Of Greenhouse Gas Emissions And Effective On March 18, 2010
February 18, 2010
Where a Public Agency Has Adopted a Mitigation Measure for a Project, It May Not Authorize Destruction or Cancellation of the Mitigation Without Reviewing the Continuing Need for the Mitigation, Stating a Reason for Its Actions Supported by Substantial Evidence
February 2, 2010
Design Guidelines Were Not A Zoning Ordinance Within The Meaning Of The Government Code And Did Not Render Zoning Code Inconsistent With The General Plan
January 25, 2010
UPDATE: Environmental Protection Agency Proposes Stricter Standards For Smog
January 11, 2010
California Supreme Court Update: County’s Action Of Declining To Renew A Conditional Use Permit Was Not A Public Project Under The California Environmental Quality Act
January 4, 2010
California Environmental Quality Act's One-Year Time Limit For Certifying An Environmental Impact Report Is Not An Iron-Clad Rule That Permits No Exception
December 27, 2010
UPDATE: Minimum Charge Imposed On Parcels of Land Connected To Water Or Sewer Service Regardless Of Actual Use Does Not Require Ballot Approval By Affected Owners
December 15, 2009
EPA Finds Greenhouse Gases Threaten The Public Health And Welfare Of The American People
December 10, 2009
Government Was Not Required to Obtain an EIR Prior to Approving a Measure to Fund Transportation Projects Because Measure Did Not Commit to the Projects Specified and Was Therefore Not a Project Subject to CEQA Requirements
November 5, 2009
The Governor Signs Into Law Sweeping Revamp of California Water Management
October 15, 2009
Statement of Overriding Considerations Supports City’s Decision That Project Alternatives Are Infeasible
October 8, 2009
Federal Appellate Decision Finds Federal Government Breached Water Supply Contracts with California Water Agencies
October 7, 2009
California Environmental Quality Act Does Not Require City To Complete And Consider An Environmental Impact Report Prior To Rejecting A Proposed Project
October 6, 2009
CLIMATE CHANGE ALERT! Regional Targets Advisory Committee Finalizes Its Recommendations To The California Resources Board Pursuant to Senate Bill 375
September 17, 2009
City Council Was Not Required To Resubmit Amended Environmental Impact Report To Planning Commission
July 9, 2009
Attorney-Client Privilege Was Not Waived When One Defendant Disclosed Legal Advice From Its Attorneys To A Codefendant In Their Joint Defense Of An Environmental Impact Report
June 19, 2009
Entire Development Project Is Within Army Corps Of Engineers’ Purview If The Project’s Viability Is Dependent On The Issuance Of A Clean Water Act Permit
May 8, 2009
Project Approval Violated City’s General Plan Because City Failed To Design Mitigation Impacts In Coordination With United States Fish And Wildlife Service
March 13, 2009
Water District’s Agreement To Provide Recycled Water To A Landfill Project Must Be Set Aside Because The District Failed To Consider The Lead Agency’s Environmental Impact Report Before Entering Into The Agreement
March 13, 2009
Water District Sufficiently Identified Basis For Claimed Statutory Exemption From California Environmental Quality Act Review
March 6, 2009
County Erroneously Granted A Development Permit Based On Payment Of An Environmental Impact Fee In Lieu Of An Environmental Impact Report
March 4, 2009
License Holder’s Due Process Rights Were Not Violated By Attorney Prosecuting Matter Before State Board And Simultaneously Serving As An Advisor To That Board In An Unrelated Matter
February 1, 2009
CLIMATE CHANGE ALERT! First Meeting of SB 375's Regional Targets Advisory Committee Focused on Reduction of Greenhouse Gas Emissions Directly Related To Use of Automobiles And Light Trucks
December 29, 2008
California Supreme Court Update: State’s High Court Takes Action In Several Environmental Cases
December 29, 2008
Petition Alleging California Environmental Quality Act Cause Of Action In Regard To City’s Decision to Approve Tract Maps Was Subject To Service Of Summons Requirement Of The Subdivision Map Act
November 21, 2008
Mitigation Measures, Which Included Provision For Quarry Owner To Provide Bottled Or Potable Water To Neighbors Affected By Quarry Project, Were Inadequate Under The California Environmental Quality Act
November 20, 2008
Court of Appeal Upholds Water Supply Assessment Against Challenge to Groundwater Supply Sufficiency
November 9, 2008
Supreme Court Determines City’s Agreement To Allow Private Development Conditioned On Future Compliance With The California Environmental Quality Act Amounts To Approval Of The Project And Must Be Preceded By Preparation Of An Environmental Impact Report
October 2, 2008
IS REGIONAL PLANNING FINALLY HERE? California Enacts Sweeping Land Use Legislation Tying Transportation Funding To Regional Growth Patterns To Reduce Greenhouse Gas Emissions By Curbing Sprawl
August 11, 2008
County’s Decision To Deny Renewal Of Conditional Use Permit For Airport Is Not Preempted By State Aeronautics Act, But That Decision Does Require An Initial Study Under The California Environmental Quality Act
June 18, 2008
California Court of Appeal Affirms California Coastal Commission’s Charge of $5.3 Million In-Lieu Mitigation Fee as a Condition of Issuing Seawall Construction Permit to Condominium Complex Homeowners
June 13, 2008
Water Transfers Not Subject to NPDES Permit Requirement
June 7, 2008
Filing Of A New Application After Expiration Of A Tentative Map Did Not Convert Subdivision Project Into A New Project Under California Environmental Quality Act; Supplemental Environmental Review, However, Is Required Because Of New Information About Certain Potentially Significant Impacts Of The Project
May 16, 2008
A Vesting Tentative Map Does Not Lock In State Or Federal Laws; A Project Denied On The Grounds That There Is An Insufficient Water Supply Is Not A Taking
May 15, 2008
State Court of Appeal Allows Environmental Group Another Opportunity to Amend Claim Against County for Failure to Perform Environmental Review
April 18, 2008
Court of Appeal Clarifies Water Supply Assessment Role in California Environmental Quality Act Process for Land Development Projects
April 7, 2008
Prevailing Lead Agencies In CEQA Litigation May Recover Their Administrative Record Costs Even If The Plaintiff Prepared The Administrative Record, If The Plaintiff Did Not Try To Conserve Costs
January 8, 2008
County Board Of Supervisors Erred When It Certified An Environmental Impact Report That Failed To Adequately Analyze A Possible Land Exchange With The Federal Bureau Of Land Management As An Alternative To A Proposed Subdivision Project
January 7, 2008
Trial Court Erred By Considering Evidence Outside Administrative Record And Administrative Record Was Otherwise Insufficient To Support Fair Argument That Project Might Have Significant Environmental Impact
January 4, 2008
Community Development Director Lacks Authority To Approve A Project For Purposes Of The California Environmental Quality Act
November 1, 2007
Project Neighbors Can Recover CEQA Attorney's Fees Directly From Developers
November 1, 2007
Court Rules That Road Realignment Is Part Of Retail Project
September 13, 2007
Outdoor Advertising Company Did Not Have Standing Under The California Environmental Quality Act To Compel Environmental Review Of A Zoning Amendment Where The Challenge To The Amendment Was Designed To Promote Its Commercial Or Competitive Interests
August 31, 2007
Attorney General Opinion: A Conservation Easement Is Not A Subdivision And Not Subject To The Requirements Of The Subdivision Map Act
June 5, 2007
Local Agency, Not Caltrans, Is Responsible For Calculating And Imposing Fees For Projects That Impact The State Highway System
May 10, 2007
City Could Not Enter Into A Municipal Services Agreement With An Indian Tribe Concerning Future Construction Of A Casino Without Complying With California Environmental Quality Act
May 1, 2007
California Court Of Appeal Rejects Challenge To City’s Approval Of Mitigated Negative Declaration For Project Involving Rehabilitation Of Alameda Theatre And Construction Of Associated Cineplex And Parking Garage
April 17, 2007
Project That Violated City’s Conditions When Built Does Not Violate California Environmental Quality Act If Conditions Are Later Changed
March 20, 2007
State Courts Confirm Role For Early Project-related Approvals That Precede CEQA Review
March 1, 2007
Court Highlights Importance Of Technical Analysis In Upholding Negative Declaration Against Allegations Of Inadequate Groundwater Supplies For Monterey County Housing Project
February 23, 2007
Ninth Circuit Court of Appeals Provides Guidance On Authorizing Incidental Take of Species Protected Under The Endangered Species Act
February 12, 2007
City Violated California Environmental Quality Act By Approving Wal-Mart Supercenter Proposal For Phase Two Of A Two-Part Project Without Requiring Supplemental Environmental Review
February 2, 2007
Supreme Court Sets Aside Land Use Plan EIR For Failure To Adequately Assess Long-Term Water Supplies
January 19, 2007
Appellate Court Rules State Water Resources Control Board’s Annual Water Right Fees Unconstitutional, Orders Potential Rebate
August 14, 2006
California Supreme Court: Metered Water Rates Are Subject to Proposition 218
September 15, 2004
California Court Of Appeal: Water Agency’s Usage-Based Water Rates Are Excluded From The Voter Approval And Initiative Provisions Of Proposition 218
April 20, 2004
Water District Should Have Done An EIR, Not An MND, Before Approving A Project To Cover A Reservoir
February 12, 2004
Voter Initiative Cannot Be Used To Control Rates Fixed By A Public Water Agency
May 19, 2002
For-Profit Corporation Seeking To Enforce A Public Right Can Bring A Citizen’s Suit Under CEQA
May 2, 2002
Attorney General Declares That A Trustee Of A School District May Not Also Serve As A Director Of A Municipal Water District
May 2, 2002
Attorney General Declares That A Trustee Of A School District May Not Also Serve As A Director Of A Municipal Water District
March 12, 2002
State Water Rights Board To Decide If More Groundwater Wells Need Permits
October 15, 2001
New Laws Increase Water Supply Planning Requirements
September 17, 2001
Oregon Court Finds Distinction Between Hatchery and Natural Spawning Salmon Arbitrary and Capricious, and Invalidates Listing of Oregon Coho Salmon
March 14, 2001
5th Circuit Invalidates “Destruction/Adverse Modification” Standard of 50 C.F.R. § 402.02
January 11, 2001
U.S. Supreme Court Finds That “Migratory Bird Rule” Is Not Supported by the Clean Water Act
December 28, 2000
EIS for Operation of Gold Mine in Washington Upheld
