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- Eminent Domain -
A public entity desiring to retain condemned property under Code of Civil Procedure §1245.245 has to adopt its initial and reauthorization resolutions within 10 years of each other; the 10-year deadline is based on the date of the final adoption, and local law fixes the date when a resolution is finally adopted. Under the city charter for the City of Los Angeles, a resolution is finally adopted once the city council has enacted the resolution and it has either been approved by the mayor, or vetoed by the mayor, but overridden by the city council.
Rutgard v. City of Los Angeles - filed July 30, 2020, Second District, Div. Two
Cite as 2020 S.O.S. 3518
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- Endangered Species Act -
A petition for review challenging a pesticide registration order in a court of appeal must be filed within 60 days after entry of such order; where the date of entry was not explicitly provided on the notice of registration, the date of entry will be two weeks after the notice of registration was signed. The National Resource Defense Council and Center for Food Safety had associational standing to bring Federal Insecticide, Fungicide, and Rodenticide Act claims challenging the Environmental Protection Agency’s decisions to register Enlist Duo in 2014, 2015, and 2017; since one CFS member had Article III standing, the organization had associational standing to bring Endangered Species Act Claims as well. The standard for unconditional registration is higher than the standard for conditional registration. If an action will have no effect, no consultation with the expert agencies is needed under the Endangered Species Act.
National Family Farm Coalition v. U.S. Environmental Protection Agency - filed July 22, 2020
Cite as 2020 S.O.S. 17-70810
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- Environmental -
Public Resources Code §21167.6 specifies the documents that have to be included in the record of proceedings, and the statute requires that these documents be retained by the lead agency.
Golden Door Properties, LLC v. Superior Court of San Diego - filed July 30, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 3524
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A project allowing private logging companies to fell and remove large fire-damaged trees from either side of roads in the Mendocino National Forest did not constitute a project for road repair and maintenance for purposes of 36 C.F.R. §220.6(d)(4).
Environmental Protection Information Center v. Carlson (Sierra Pacific Industries) - filed August 03, 2020
Cite as 2020 S.O.S. 19-17479
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To trigger the Comprehensive Environmental Response, Compensation, and Liability Act limitations period, a settlement must impose costs on the party seeking contribution; a party can obtain contribution only for costs incurred in excess of its own liability.
Arconic v. APC Investment - filed Aug. 10, 2020
Cite as 2020 S.O.S. 19-55181
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- Foreclosure -
A request for judicial relief under Nevada’s Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender’s conduct in the foreclosure mediation process.
Tobler v. Sables - filed Aug. 4, 2020
Cite as 2020 S.O.S. 19-15251
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- Inverse Condemnation -
The special statutory procedures that govern a public entity’s exercise of the power of eminent domain are inapplicable in inverse condemnation actions, which instead proceed by the rules governing ordinary civil actions. A trial court may, in certain circumstances, devise or borrow a procedure appropriate to the specific litigation before it, but it may not do so when an applicable procedure is provided by a statute or rule of court.
Weiss v. People ex rel. Department - filed July 16, 2020
Cite as 2020 S.O.S. 3559
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- Water Rights -
Farmers within an irrigation district possess an equitable and beneficial interest in the district's water rights, which is appurtenant to their lands; this interest consists of a right to water service. The district retains discretion to modify service consistent with its duties to manage and distribute water equitably for all categories of users served by the district.
Abatti v. Imperial Irrigation District - filed July 16, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 3585
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