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- CEQA -
An administrative guideline providing for an addendum process for projects with a previously certified environmental impact report comports with the California Environmental Quality Act. New findings under Public Resources Code Sec. 21081 are not required in connection with the approval of an addendum to an EIR.
Save Our Heritage Organisation v. City of San Diego (The Plaza de Panama Committee) - filed Oct. 24, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5155
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- Homeowners Bill of Rights -
The repeal of Civil Code §2923.55 and portions of §2923.6 did not moot a homeowner’s claim for alleged violations of the Homeowners' Bill of Rights. Contacts between a lender or its agent and a borrower that are not initiated by the lender still satisfy the requirements of former §2923.55(b)(2). An appellate court may not consider a new theory raised by a plaintiff in opposition to summary judgment, or on appeal from the granting of summary judgment, where that theory is not supported by the pleadings.
Schmidt v. Citibank, N.A. - filed Nov. 7, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5331
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- Lien Priority -
An assessment lien does not relate back to the date of execution for a contract providing for the assessment lien if and when an assessment lien for a specified amount was recorded against the property. A contractual provision expressly granting an assignment lien priority over all other liens and claims modified the otherwise-applicable "first in time, first in priority" rule of lien priorities.
Bear Creek Master Association v. Southern California Investors, Inc. - filed Oct. 19, 2018, publication ordered Oct. 31, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5235
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- Mineral Rights -
The Montana Supreme Court has generally adopted the test in Heinatz v. Allen for determining whether a particular substance was a mineral in the context of deeds and agreements regarding mineral rights to land. Under this test, dinosaur fossils found on a property were "minerals" and they therefore belonged to the owners of the mineral estate.
Murray v. BEJ Minerals, LLC - filed Nov. 6, 2018
Cite as 2018 S.O.S. 16-35506
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- NEPA -
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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- Water Quality -
Although the state water board has discretion to determine how much time is reasonable for implementation for a pollution control plan, as well as appropriate milestones, a modification to a waiver of discharge requirements that requires only vague and indefinite improvement does not provide a "high likelihood" that water quality requirements will be attained, such a revision was therefore improper.
Monterey Coastkeeper v. State Water Resources Control Board - filed Sept. 18, 2018, publication ordered Oct. 17, 2018, Third District
Cite as 2018 S.O.S. 5044
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