Justia Environmental Law Opinion Summaries

In an inverse condemnation action, the issue facing the Court of Appeal was a unique situation, where a state agency assumed control of a local flood control process, and it determined to provide less flood protection than historically provided by a local agency in order to protect environmental resources. Plaintiffs, whose properties suffered flooding damage when the lagoon level rose above eight feet msl, filed this action in 2007 for inverse condemnation. They alleged they suffered a physical taking from the Department’s actions, and a regulatory taking by the Commission retaining land use jurisdiction over the subdivision throughout this time instead of transferring it to the County. Plaintiffs also sought precondemnation damages and statutory attorney fees. The trial court found the Department and the Commission (collectively, the State) liable for a physical taking and awarded damages, but it concluded plaintiffs’ claim for a regulatory taking was barred. It rejected the State’s arguments that the statute of limitations barred plaintiffs’ complaint. It awarded plaintiffs attorney fees in the amount they incurred under a contingency agreement, but it denied plaintiffs any precondemnation damages. Both the State and plaintiffs appealed. The Court of Appeal affirmed the trial court’s judgment finding the state agency liable in inverse condemnation for a physical taking of plaintiffs’ properties, and not liable for a regulatory taking. The Court reversed the judgment to the extent the court found another state permitting agency liable in inverse condemnation. View "Pacific Shores v. Dept. of Fish and Wildlife" on Justia Law

The California Department of Food and Agriculture (CDFA) prepared and certified a programmatic environmental impact report (EIR) for a seven-year program to eradicate an invasive pest, the light brown apple moth (LBAM), but “at the last minute” approved instead a seven-year program to control LBAMs based on new information that eradication was no longer attainable. The EIR did not evaluate control as a reasonable alternative to eradication, and there was no supplemental environmental review in connection with the last-minute change. In two appeals, consolidated for the Court of Appeal's review, challenged trial court decisions that denied petitions for writ of administrative mandamus that asserted California Environmental Quality Act (CEQA) violations and challenging the program approved by the California Department of Food and Agriculture (CDFA) and its former Secretary A.G. Kawamura. Appellants contended the EIR violated CEQA by making assumptions unsupported by substantial evidence and by inadequately addressing environmental impacts, a reasonable range of alternatives, and cumulative impacts. Appellants also contended the CDFA’s “last-minute” approval of a control program instead of the eradication program rendered the environmental review deficient in failing to provide an accurate and stable project description, inadequately discussing alternatives, and improperly “segmenting” the project by reviewing a seven-year program but approving a seven-year program that will have to continue beyond seven years. After review, the Court of Appeal concluded that, even before the new information came to light that eradication was no longer attainable, the EIR violated CEQA by giving the project’s “objective” an artificially narrow definition (“eradication of LBAMs”) and thereby omitting analysis of pest control as a reasonable alternative to the eradication program. The EIR acknowledged the project’s “purposes” included protecting California native plants and agricultural crops from damage. "The EIR’s omissions leave the record devoid of evidence to prove CDFA’s claim that the last-minute change was legally acceptable because the adopted control program was narrower than the EIR’s eradication program." The trial court judgments were reversed and the cases remanded for further proceedings. View "North Coast Rivers Alliance v. Kawamura" on Justia Law

Defendant-appellant Northrop Grumman Systems Corporation appealed a judgment of approximately $1.1 million plus interest, costs, and attorney fees of approximately $1.8 million in favor of plaintiff-respondent Hot Rods, LLC. This case involved an environmentally compromised property Hot Rods purchased from Northrop and the alleged damages stemming from environmental cleanup and related issues. The matter was tried by a referee pursuant to stipulation, and judgment was entered by the trial court, adopting the referee’s recommendations. Northrop alleged numerous errors. Upon review, the Court of Appeal found that there was language in the referee’s statement of decision indicating Northrop had negligently misrepresented certain facts, but did not find any damages were proximately caused, nor did the referee award any damages on that cause of action. The Court concluded the referee erred in admitting certain evidence, and that a finding of negligent misrepresentation was therefore improper, and not sufficiently supported by substantial evidence. The Court reversed the bulk of the damages award, and remanded for a reconsideration of which party was the prevailing party, and therefore entitled to attorney fees. View "Hot Rods v. Northrop Grumman Systems Corp." on Justia Law

The Board of Trustees of the California State University appealed a writ of mandate directing it to vacate its certification of an environmental impact report (EIR) prepared with respect to plans for the expansion of the California State University East Bay campus. The trial court agreed with plaintiffs-respondents City of Hayward and two local community groups, Hayward Area Planning Association and Old Highlands Homeowners Association, that the EIR failed to adequately analyze impacts on fire protection and public safety, traffic and parking, air quality, and parklands. In the Court of Appeal's initial opinion, it concluded that the EIR was adequate in all respects except that its analysis of potential environmental impacts to parkland was not supported by substantial evidence. The California Supreme Court granted review, and subsequently transferred the matter back to the Court of Appeal with directions to vacate its prior decision and reconsider the cause in light of "City of San Diego v. Board of Trustees of California State University' (61 Cal.4th 945 (2015)). After review of the parties’ supplemental briefing, the Court of Appeal reissued its opinion, and modified section 3(c) of the Discussion to reflect the holding of the Supreme Court in City of San Diego. View "City of Hayward v. Board Cal. State Univ." on Justia Law

The 14th District Agricultural Association and its Board of Directors administers the Santa Cruz County Fairground which, since 1941, has been the venue for various events, including equestrian and livestock events and the annual county fair. The trial court denied a petition for writ of mandate and complaint for declaratory and injunctive relief filed by appellants Citizens for Environmental Responsibility, Stop The Rodeo, and Eric Zamost, under the California Environmental Quality Act (CEQA). Appellants claimed the District violated CEQA by approving a notice of exemption (NOE) from environmental review for a rodeo held by real party in interest Stars of Justice, Inc., at the Fairground in October 2011. The exemption was pursuant to CEQA’s regulatory guidelines for a Class 23 categorical exemption for “normal operations of existing facilities for public gatherings.” Appellants contended the exemption was inapplicable because: (1) the rodeo project expressly included mitigation measures in the form of a Manure Management Plan, in effect acknowledging potential environmental effects; and (2) the unusual circumstances exception to categorical exemptions applied because storm water runoff flowed over the Fairground where cattle and horses defecate and into an already polluted creek. Finding no reversible error, the Court of Appeal affirmed. View "Citizens for Environmental etc. v. State ex rel. 14th Dist." on Justia Law

In October 2014, the California State Lands Commission (SLC) approved the San Francisco Bay and Delta Sand Mining Project, which authorized real parties in interest Hanson Marine Operations, Inc., Morris Tug & Barge, Inc. and Suisun Associates (collectively, Hanson) to continue dredge mining sand from sovereign lands under the San Francisco Bay pursuant to 10-year mineral extraction leases. San Francisco Baykeeper, Inc. filed a petition for a writ of mandate to challenge the SLC’s decision to approve the project, which the trial court denied. On appeal to the Court of Appeal, Baykeeper argued: (1) the SLC failed to comply with the California Environmental Quality Act (CEQA); and (2) the mineral leases authorized by the SLC’s approval of the project violated the common law public trust doctrine. The Court of Appeal granted the petition, finding that the SLC’s environmental review of the mining project complied with CEQA, but it failed to consider whether the sand mining leases were a proper use of public trust property. The trial court was directed to mandate that the SLC to address this issue. View "S.F. Baykeeper v. Cal. State Lands Com." on Justia Law

In 1976, the City of Santa Cruz sought to protect its urban forest by adopting the “Heritage Tree Ordinance,” which governs the protection of large trees and trees having other significance. The city later adopted the “Heritage Tree Removal Resolution,” which governs the removal of heritage trees. In 2013, the city amended both, concluding that these amendments were categorically exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code, 21000) because they assured the “maintenance, restoration, enhancement, and protection” of natural resources and the environment. Save Our Big Trees unsuccessfully sought a writ of mandate directing the city to set aside its amendments for failure to comply with CEQA. The court of appeal reversed, holding that the city had the burden to demonstrate with substantial evidence that the amendments fell within a categorical exemption to CEQA and failed to meet that burden. View "Save Our Big Trees v. City of Santa Cruz" on Justia Law

Metro approved the Westside Subway Extension Project in May 2012, which will extend the Metro Purple Line heavy rail transit (HRT) subway system to the Westside of Los Angeles. To reach the Constellation station, the subway will travel through a tunnel to be constructed under Beverly Hills High School. The School District and the City filed petitions for writ of mandate, challenging Metro's approval of the Project. The trial court denied the petitions. The court concluded that substantial evidence supports Metro’s decision not to recirculate the environmental impact statement/environmental impact report (EIS/EIR), and that the EIS/EIR adequately discussed air pollution and public health impacts. The court also concluded that Metro did not violate the statutory requirements in conducting the transit hearing, that the City received a full and fair hearing, and that substantial evidence supports Metro’s decision and findings of fact in light of the issues tendered for hearing. Accordingly, the court affirmed the judgment. View "Beverly Hills USD v. LA Metro." on Justia Law