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- EIR -
Senate Bill No. 4 directs the Natural Resources Agency to conduct a study on hydraulic fracturing, and to prepare an environmental impact report regarding any potential environmental impacts of well stimulation, but nothing in Senate Bill No. 4 suggests that the Legislature intended to link the preparation of the study to the preparation of the EIR; there was no requirement for a subsequent or supplemental EIR following the release of the second and third volumes of the study. Senate Bill No. 4 required preparation of an EIR analyzing the environmental effects of well stimulation treatments only; nothing in Senate Bill No. 4 required an analysis of indirect impacts caused by the additional oil and gas production made possible by well stimulation treatments
Center for Biological Diversity v. California Department of Conservation - filed May 16, 2019, publication ordered June 14, 2019, Third District
Cite as 2019 S.O.S. 2789
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- Eminent Domain -
A business owner’s goodwill for a business operated on property taken by eminent domain is compensable separate and apart from the parties’ interests in the property taken; there is also a distinction between property taken by eminent domain and the goodwill held by the operation of a business located on property taken by eminent domain. The doctrine of collateral estoppel precludes relitigation of issues argued and decided in prior proceedings, regardless of whether the parties to the current litigation were adverse in the prior action.
Thee Aguila v. Century Law Group - filed July 2, 2019, Second District, Div. One
Cite as 2019 S.O.S. 3229
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- Landlord Tenant -
An eligible elderly or disabled tenant may defeat an owner’s claim of possession under the Ellis Act by showing that the owner changed a tenancy term during the act’s notice period. A writing that is a contract or a binding confirmation of a lease agreement is an instrument under Evidence Code §622.
Hilaly v. Allen; Superior Court of California, County of San Francisco - filed May 21, 2019
Cite as 2019 S.O.S. 2840
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- NEPA -
The U.S. Forest Service’s designation of 5.3 million acres as a landscape-scale area in the Tahoe National Forest did not violate the National Environmental Policy Act; since the designation of landscape-scale areas did not change the status quo, a NEPA analysis was not necessary.
Center for Biological Diversity v. Ilano - filed June 24, 2019
Cite as 2019 S.O.S. 17-16760
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- Permits -
Assuming that a trial court has the authority to alter the penalty assessment in an administrative decision that had become final and render a default judgment for the plaintiff, a court cannot simply substitute its view of the appropriate penalty amount for that of the hearing officer.
County of Sonoma v. Gustely - filed May 31, 2019, publication ordered June 24, 2019, First District, Div. Two
Cite as 2019 S.O.S. 2983
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- Waste -
A water quality control board must establish two factors before issuing a cleanup and abatement order to a party: the board must show that party caused or permitted waste to be discharged into state waters, and that the waste creates, or threatens to create pollution or nuisance conditions; the nuisance creation element does not require application of the common law substantial factor test for causation.
San Diego Gas & Electric Company v. San Diego Regional Water Quality Control Board - filed June 18, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2816
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