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  Friday, October 26, 2018  
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
Environmental Law
A site-specific project must comply with the standards set forth in the governing forest plan, and a project's deviation from a standard requires amendment to the forest plan. The elimination of a standard without explanation constitutes a clear violation of the National Forest Management Act. The forest management plan for the Payette Forest does not permit the Forest Service to abandon desired conditions in favor of different conditions entirely, without consideration of effects in the long term. The Forest Service acted arbitrarily in adopting a new definition of "old forest habitat" for a project area instead of using the Forest Plan definition. The Forest Service did not act arbitrarily in selecting a minimum road system for a project since it fully explained its decision and considered each of the factors listed under 36 C.F.R. Sec. 212.5. The Forest Service's adoption of Wildlife Conservation Strategy standards in lieu of the Payette Forest Plan's standards does not, in and of itself, constitute improper tiering under National Environmental Policy Act.

Alliance for the Wild Rockies v. U.S. Forest Service - filed Oct. 26, 2018
Cite as 2018 S.O.S. 16-35829
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Administrative Law
Labor Code Sec. 6627 provides an aggrieved party with 30 days from the date of filing for a decision by the Occupational Safety and Health Appeals Board to bring a challenge a denial of a petition for reconsideration, without extra time to account for the mailing of the decision.

Raam Construction v. Occupational Safety and Health Appeals Board (Department of Industrial Relations) - filed Sept. 28, 2018, publication ordered Oct. 25, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5173
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Criminal Law and Procedure
Denial of a petition for reduction of offense pursuant to Health and Safety Code Sec. 11361.8(b) requires proof by the prosecution, by a preponderance of the evidence, of an unreasonable risk of danger to public safety.

People v. Saelee - filed Oct. 26, 2018, Third District
Cite as 2018 S.O.S. 5177
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Insurance Law
The loss of a conditional use permit allowing a property owner to operate a night club on its property was a loss of use of tangible property, which brought the loss within the scope of an insurance policy's definition of "property damage".

Thee Sombrero v. Scottsdale Insurance Co. - filed Oct. 25, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5179
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Government Law
A criminal investigation is no longer "pending" for purposes of Government Code Sec. 3304(d)(2)(A) once a final determination is made not to prosecute all of the public safety officers implicated in the misconduct at issue.

Bacilio v. City of Los Angeles - filed Oct. 25, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 5183
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