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- Clean Water Act -
The Clean Water Act requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.
County of Maui v. Hawaii Wildlife Fund - filed April 23, 2020
Cite as 2020 S.O.S. 18-260
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-Delta Reform Act -
A trial court erred in finding that the Delta Stewardship Council violated the Delta Reform Act by failing to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the act.
Delta Stewardship Council Cases - filed April 10, 2020, publication ordered May 12, 2020, Third District
Cite as 2020 S.O.S. 2337
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- Environmental Impact -
The U.S. Forest Service’s determination that a Forest Service project did not require an environmental impact statement was arbitrary and capricious where the effects of the projects were highly controversial and uncertain, and where the Forest Service failed to identify and meaningfully analyze the cumulative impacts of the project.
Bark v. United States Forestry Service - filed May 4, 2020
Cite as 2020 S.O.S. 19-35665
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- EPA -
A party established an entitlement to a writ of mandamus compelling the Environmental Protection Agency to resolve a petition cancelling a registered pesticide where, for more than a decade, the EPA frustrated the petitioner’s ability to seek judicial review by withholding final agency action, despite having acknowledged that the pesticide poses widespread, serious risks to the neurodevelopmental health of children.
In re Natural Resources Defense Council, Inc. - filed April 22, 2020
Cite as 2020 S.O.S. 19-71324
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- Foreclosures -
California law does not permit borrowers to bring judicial actions to challenge a foreclosing party’s authority to foreclose on the borrower’s property before a foreclosure has taken place.
Perez v. Mortgage Electronic Registration Systems - filed May 11, 2020
Cite as 2020 S.O.S. 18-16584
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- Landlord Tenant -
An eviction due to a tenant violating an agreement by having an additional adult in a dwelling is only proper when the landlord has reasonably withheld approving the additional tenant.
California Valley Properties, LLC v. Berlfein; Superior Court of California, County of Los Angles - filed March 31, 2020, 2020
Cite as 2020 S.O.S. 1990
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- Malheur National Forest -
The U.S. Forest Service is not obligated by statute, regulation, or case law to memorialize each site-specific grazing authorization’s consistency with the forest plan for the Malheur National Forest, so the absence of such a document is not in itself arbitrary and capricious; courts will defer to the agency’s reasonable exercise of its scientific expertise in choosing how best to meet the requirements of its forest plan while accommodating the competing interests of environmental, recreational, extractive, and other uses in the Malheur National Forest.
Oregon Natural Desert Association v. United States Forest Service - filed May 1, 2020
Cite as 2020 S.O.S. 18-35514
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- Mechanic’s Lien -
Because determining the amount of land benefited by a mechanic’s lien requires a trial court to resolve disputed evidence and make factual findings, the trial court’s ruling will be subject to a substantial evidence standard of review.
Carmel Development Company, Inc. v. Anderson - filed April 30, 2020, Sixth District
Cite as 2020 S.O.S. 2110
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- NHPA -
The take into account directive of §402 of the National Historic Preservation Act requires a process that includes the identification of protected property; generation, collection, consideration, and weighing of information pertaining to how the undertaking will affect the protected property; a determination as to whether there will be adverse effects or no adverse effects on the protected property, and; if necessary, development and evaluation of alternatives or modifications to the undertaking that could avoid or mitigate the adverse effects on the protected property. While §402 requires consultation with the host nation, outside experts, or private parties will be necessary for an agency to meet its obligations, it does not require public participation.
Center for Biological Diversity v. Esper - filed May 6, 2020
Cite as 2020 S.O.S. 18-16836
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- Trustee’s Sale -
The enactment of Civil Code §2924k did not change the rule set out in Caito v. United California Bank. A creditor holding the second deed of trust encumbering an undivided 75% interest in real property is entitled only to a 75% share of any surplus sales proceeds; the remaining 25% must be distributed to the person who owned the interest that was not encumbered by the second deed of trust.
Zieve, Brodnax & Steele, LLP v. Dhindsa - filed May 13, 2020, Fifth District
Cite as 2020 S.O.S. 2360
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- Unlawful Detainer -
If an unlawful detainer action is filed as an unlimited civil case, and if the landlord waives its claim to damages for the purpose of obtaining a judgment for possession by way of a motion for summary judgment, the court is not required to reclassify the action as a limited civil case.
Hiona v. Superior Court (2154 Taylor) - filed May 6, 2020, First District, Div. Five
Cite as 2020 S.O.S. 2250
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