Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal Clean Water Act (CWA). The Supreme Court significantly reduced the reach of WOTUS from its earlier jurisprudence by holding that under the CWA, the
Back in 2019, we wrote a post about the surprising connection between the Endangered Species Act (ESA) and the National Flood Insurance Program (NFIP). That post concluded with the following:
It looks like the Federal Emergency Management Agency (FEMA) will be forced to address ESA compliance on a state-by-state basis, unless it can develop a
In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP (strategic litigation against public participation) law on the grounds that the real party’s actions were not the
[It would seem silly to post this article without first acknowledging an elephant in the room: We haven’t posted in 23 months. Why, you might ask? Is it because there is nothing going on in the flood world? No. Is it because we have retired to tropical islands? No. Is it because we got really
In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent domain action because SCE was neither a “public agency” under CEQA nor did SCE need approval from a public
In E. Oakland Stadium Alliance v. City of Oakland (Mar. 30, 2023, No. A166221) ___Cal.App.5th___ [2023 Cal. App. LEXIS 240], the First District Court of Appeal concluded that the EIR prepared for the proposed Oakland A’s stadium was largely satisfactory, but on a single point failed to adequately mitigate wind impacts.
The Oakland Waterfront Ballpark Project
In Pacific Palisades Residents Association, Inc. v. City of Los Angeles et al. (March 8, 2023, Case No. B306658) __ Cal.App.2d __, the Second District issued a strong opinion affirming the trial court’s ruling that a proposed eldercare facility in the Pacific Palisades neighborhood was consistent with the Los Angeles Zoning Code and exempt from
In Committee to Relocate Marilyn v. City of Palm Springs (Feb. 23, 2023, D080907) __Cal.App.5th__ [2023 Cal. App. LEXIS 120], the Fourth District Court of Appeal held that the petition filed by the Committee to Relocate Marilyn (Committee), challenging the determination by the City of Palm Springs (City) to issue a Notice of Exemption (NOE)
In Arcadians for Environmental Preservation v. City of Arcadia (Feb. 16, 2023, No. B320586) ___Cal.App.5th___ [2023 Cal. App. LEXIS 103] the Second District Court of Appeal found no error in a trial court ruling that there had been a failure to exhaust administrative remedies where project opponents merely raised general environmental objections without identifying any reason
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate its duty to prevent waste and unreasonable use of water when it declined to investigate wastewater discharges from four Los Angeles