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- Environmental Law -
There is no statutory or regulatory provision that requires the Office of Environmental Health Hazard Assessment to consider the Developmental and Reproductive Toxicant Identification Committee's listing declination when determining whether to list a chemical under the authoritative body listing mechanism; OEHHA did not abuse its discretion in interpreting its own regulations and determining the National Toxicology Program had identified Bisphenol A as a reproductive toxicant. OEHHA applies the generally accepted presumption of biological plausibility, where, absent evidence to the contrary, a chemical that causes developmental harm in experimental animals, will cause similar harm in humans.
American Chemistry Council v. Office of Environmental Health Hazard Assessment (Natural Resources Defense Council) - filed Oct. 19, 2020, Third District
Cite as 2020 S.O.S. 4853
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A district court erred in failing to modify an injunction requiring the Environmental Protection Agency to promulgate its federal landfill emissions plan by a specific deadline where the agency promulgated new regulations moving the EPA's deadline further out; the new regulations constituted a change in law, and removed the legal basis for the court's deadline.
California v. U.S. Environmental Protection Agency - filed Oct. 22, 2020 Cite as 2020 S.O.S. 19-17480
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- Implied Dedication -
To establish an implied dedication, the general public must use the property; while neighbors are members of the general public, and their testimony is relevant, use by neighbors is not equivalent to use by the general public; local children are a subset of the neighbors and do not provide the necessary diversity to establish use by the general public.
Tiburon/Belvedere Residents United to Support the Trails v. Martha - filed Oct. 23, 2020, First District, Div. Five
Cite as 2020 S.O.S. 5053
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- Residential Tenancies -
Where a tenant's lease was not duly recorded as part of a property's chain of title, it still constituted a valid property right enforceable against a subsequent purchaser who acquired the property with notice of the lease. A lease for the hiring of residential real property means a contract for the temporary possession of a dwelling unit.
MES Investments v. Dadsen Washer Service - filed Sept. 25, 2020, publication ordered Oct. 23. 2020, Second District, Div. Three
Cite as 2020 S.O.S. 5048
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