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- Easement -
The rights reserved by the descendants of the grantors of a deed operate as easements on the property. A reservation of the right to use the surface of a property for cultivation and pasturage purposes allowed for the planting of grass and ornamental landscaping. A reservation of the right to construct, maintain, use, repair, replace, and renew, roads and streets over and across the property unambiguously allowed for the construction of roads and streets, but not use of the property as a parking lot; a parking lot is not necessary to the enjoyment of a road.
Pear v. City and County of San Francisco - filed July 28, 2021, Sixth District
Cite as 2021 S.O.S. 4273
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- Environmental Law -
The Department of Homeland Security’s 2015 Instruction Manual did not constitute final agency action subject to review under Administrative Procedure Act §704; the manual did not meet the consummation first prong because it did not make any decision, rather it merely established the procedures for ensuring DHS’s compliance with the National Environmental Policy Act, the manual also did not satisfy the legal effect second prong of the test because the manual did not impose new legal requirements or alter the legal regime to which DHS was subject. The rule from Lujan v. National Wildlife Federation foreclosed judicial review of DHS’s non-Deferred Action for Childhood Arrival programs where the plaintiffs’ challenge to the programs was indistinguishable from the broad programmatic attack at issue in National Wildlife.
Whitewater Draw Natural Resource Conservation District v. Mayorkas - filed July 19, 2021
Cite as 2021 S.O.S. 20-55777
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A Local Coastal Program that explicitly requires a structure be reasonably safe from failure and erosion over its lifetime, that a geotechnical report must demonstrate a safety factor against slope failure of 1.5 and a time period of analysis of 75 years, these requirements together require a geotechnical report demonstrate a safety factor of 1.5 at the end of 75 years.
Martin v. California Coastal Commission - filed June 23, 2021, publication ordered July 16, 2021, Fourth District, Div. One
Cite as 2021 S.O.S. 4017
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The Environmental Protection Agency could apply the 2016 Exceptional Events Rule to events that occurred when the 2007 rule had been in effect as the application of the 2016 Exceptional Events Rule did not impact any vested rights, create any new obligations, or otherwise impact any regulated party’s interest.
Bahr v. Regan - filed July 28, 2021
Cite as 2021 S.O.S. 20-70092
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The Environmental Protection Agency’s nonbinding guidance to recommend a statistical method for assessing water toxicity imposed no legal consequences, and so the Administrative Procedure Act did not allow municipal agencies to contest the guidance as violative of the Clean Water Act.
Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency - filed Aug. 5, 2021
Cite as 2021 S.O.S. 19-15535
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The U.S. Army Corps of Engineers was not required to comply with a state agency’s requirement pertaining to the disposal of materials dredged from navigational channels as the requirement was not an enforceable policy under the Coastal Zone Management Act and its implementing regulations, nor was it tied to any enforceable policy as contemplated by those regulations.
San Francisco Bay Conservation and Development Commission v. U.S. Army Corps of Engineers - filed Aug. 6, 2021
Cite as 2021 S.O.S. 20-15576
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Public Resources Code §21168.6.7 does not impose on the governor a deadline by which to certify a project for streamlined environmental review.
Pacific Merchant Shipping v. Newsom (Oakland Athletics Investment) - filed Aug. 10, 2021, First District, Div. One
Cite as 2021 S.O.S. 4463
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- Title Policies -
For purposes of determining the term public records in the title policies, public records are official documents that were brought into existence in accordance with Idaho public statutes, brought into existence on or before the date of the policy, and intended, at least in part, to provide constructive notice of some fact or circumstance relevant to the insured property to purchasers for value who did not have actual knowledge of that fact or circumstance.
Munden v. Stewart Title Guaranty - filed Aug. 12, 2021
Cite as 2021 S.O.S. 20-35336
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