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- Environmental Law -
A county’s blanket classification of well construction permits as ministerial projects is unlawful; a decision is ministerial if the agency has no discretionary authority to deny or shape the project; for discretionary decisions, the policy makers have empowered the agency to make individualized judgments in light of the particular circumstances involved; the fact that an ordinance contains provisions that allow the permitting agency to exercise independent judgment in some instances does not mean that all permits issued under that ordinance are discretionary.
Protecting Our Water and Environmental Resources v. County of Stanislaus - filed Aug. 27, 2020
Cite as 2020 S.O.S. 4182
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Funding a settlement obligation does not automatically render the entire sum compensable in a Comprehensive Environmental Response, Compensation, and Liability Act contribution action, even if that payment is irrevocable.
ASARCO v. Atlantic Richfield - filed Sept. 14, 2020
Cite as 2020 S.O.S. 18-35934
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- Utilities -
A public entity can require a utility to pay to relocate some of its equipment, even if it is acting in its proprietary capacity; however, it can require the utility to pay to relocate all of its equipment only if it is acting in its governmental capacity.
Riverside County Transportation Commission v. Southern California Gas Co. - filed Aug. 24, 2020, Fourth District, Div. Two
Cite as 2020 S.O.S. 4103
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