Environment, Land & Resources

Category Archives: Environmental Litigation

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California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court of Appeal affirmed the trial court’s decision dismissing the … Continue Reading

California Court of Appeal Upholds Noise Analysis in Negative Declaration

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Megan K. Ampe, James A. Erselius In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial court’s judgment upholding the City of Santa Rosa’s (City’s) negative declaration … Continue Reading

California Appeals Court Determines Threshold and Scope for EIR Requirement

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading

Environment Agency Data Shows Spike in Enforcement Undertakings in England and Wales

The growth in the level of undertakings throughout 2018 tallies with a general increase in environmental enforcement. By Paul A. Davies and Michael D. Green The Environment Agency has released data indicating that enforcement undertakings in England and Wales reached more than £2.2 million in 2018 — the highest-ever levels within a single year. The amounts … Continue Reading

Insurance Coverage: US State Courts Rule for Insureds in Three Recent Policyholder Decisions

Companies facing products or environmental liability claims should immediately consider insurance coverage from current and historical policies in light of applicable state law. By Christine G. Rolph and Laura J. Glickman In recent months, the highest courts of several US states have issued important pro-policyholder decisions on insurance coverage issues. The following three cases illustrate … Continue Reading

California Court of Appeal Upholds Use of Climate Scoping Plan as Threshold of Significance

By Kimberly D. Farbota, Jennifer K. Roy, and Christopher Garrett CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued August 28, 2018, Forest Preservation Society v. Department of Forestry and Fire Protection, Case. No. SCUK-CVPT-15-66284, the California Court of Appeal affirmed the trial court’s judgment and upheld the California Department … Continue Reading

California Appeals Court Upholds Dismissal of Duplicative CEQA Claim

By Christopher W. Garrett, Daniel P. Brunton, Jennifer K. Roy and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued September 14, 2018, Inland Oversight Comm. v. City of San Bernardino, Case No. E064836, the California Court of Appeal affirmed the trial court’s decision dismissing the Inland Oversight … Continue Reading

Interior Department Solicits Comments on Natural Resource Damage Assessment Regulations

Officials seek to “improve the efficiency and cost effectiveness” of NRDAs — which could help expedite the resolution of claims. By Janice M. Schneider, Gary P. Gengel, Joel C. Beauvais, Kegan A. Brown, and Thomas C. Pearce On August 27, 2018, the US Department of the Interior (DOI) issued an Advance Notice of Proposed Rulemaking … Continue Reading

European General Court Accepts Landmark Climate Change Litigation

Individuals join growing global trend of citizens bringing climate change litigation in a bid to hold governments to account. By Paul A. Davies and Michael D. Green The European General Court has agreed to hear a legal challenge to EU climate legislation for inadequate targets for reducing climate change. Ten families from around the world … Continue Reading

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, John D. Niemeyer, and Samantha K. Seikkula In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court of Appeal dismissed as moot … Continue Reading

EU Must Improve Access to Justice in Environmental Matters to Comply With Aarhus Convention

The European Commission will submit a study and a proposal to reassess individuals’ right to challenge crucial decisions before EU courts. By Rosa Espín and Leticia Sitges The Council of the European Union (the EU) has recently issued a formal decision requesting that the European Commission submit a study to identify options for addressing identified … Continue Reading

California Court of Appeal Upholds CEQA Exemption for Wireless Communications Facility

By Daniel P. Brunton, Lucas I. Quass, and Stephanie L. Postal CEQA Case Report: Understanding the Judicial Landscape for Development [i] In a published opinion issued March 15, 2018, Don’t Cell Our Parks v. City of San Diego, the California Court of Appeal affirmed the trial court’s judgment and upheld the City of San Diego’s … Continue Reading

CEQA Case Report: Understanding the Judicial Landscape for Development

By James Arnone, Lucinda Starrett, Marc Campopiano, and Christopher Garrett California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. These cases covered a … Continue Reading

California Court of Appeal Upholds Partial Award of Attorneys’ Fees to Successful CEQA Litigant

By Christopher W. Garrett, Natalie C. Rogers, and Kimberly D. Farbota CEQA Case Report: Understanding the Judicial Landscape for Development[1] In a published opinion issued January 12, 2018, Heron Bay Homeowners Assn. v. City of San Leandro, the California Court of Appeal affirmed the trial court’s partial grant of Heron Bay Homeowners Association’s request for … Continue Reading

New Trump Administration Policies on Environmental Enforcement, Settlements, and Clean Air Act Implementation

Webcast addresses recent EPA and DOJ policy developments with important implications for permitting, enforcement, and litigation. By Joel C. Beauvais, Julia A. Hatcher, Karl A. Karg, Claudia M. O’Brien, and Stacey L. VanBelleghem Latham’s Environment, Land & Resources Department hosted a 60-minute webcast on March 29, “New Trump Administration Policies on Environmental Enforcement, Settlements, and … Continue Reading

English Supreme Court Rules Employees Can Claim Damages For a Symptomless Condition

Significant English Supreme Court decision overturns High Court and Appeal Court ruling on personal injury compensation. By Paul A. Davies and Michael D. Green Three former employees of a chemical company appealed against the decisions of the High Court and the Court of Appeal that held they could not claim against their employer for damages for … Continue Reading

CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects

Webcast addresses recent developments involving the California Environment Quality Act. By Marc Campopiano, Chris Garrett, and Winston Stromberg The Project Siting & Approvals Practice hosted a 60-minute webcast on February 21, “CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects.” Speakers provided an overview of the proposed updates to the California … Continue Reading

Federal Judge Enjoins California’s Proposition 65 Cancer Warning for Glyphosate As “Misleading”

By Richard P. Bress, Philip J. Perry, Andrew D. Prins, Ryan Baasch and Alexandra Shechtel On February 26, for the first time ever, a federal district court has enjoined a California Proposition 65 warning requirement on First Amendment grounds. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 — colloquially known as “Proposition … Continue Reading

France’s Prime Minister Further Advances New Regulation Simplification Policy

Government must prepare all sectorial bills in accordance with new simplification requirements by the second quarter of 2018. By Paul Davies and Michael Green* The French Prime Minister has further emphasised the importance of France’s new regulation simplification policy in an Administrative Circular Letter of January 12, 2018. Citing the fact that the administrative burden … Continue Reading

France Bans Research and Exploitation of Fossil Fuels

France announces voluntary adoption of a new law amending the Mining Code to meet Paris Agreement commitments. By Paul Davies and Michael Green* Background After lengthy legislative debates, the amended Mining Code (MC) now provides that, as a matter of principle, the research and exploitation of coal, and of all liquid or gaseous hydrocarbons, shall … Continue Reading

German Court Will Take Evidence in Groundbreaking Climate Change Case

By Joern Kassow and Patrick Braasch Latham has previously written about the Lliuya v. RWE AG case, in which a Peruvian farmer has sought damages from German energy giant RWE for climate change effects in his home country. The Higher Regional Court of Hamm indicated during oral hearings that it would likely proceed to take … Continue Reading

German Energy Giant May Be Directly Liable for Climate Change Impact

By Jörn Kassow and Patrick Braasch A German appeals court has indicated in a groundbreaking civil action that major CO2 producers may be directly liable for global environmental damage caused by climate change. Mr Saúl Luciano Lliuya, a Peruvian farmer, has alleged that RWE AG, Germany’s second-largest electricity producer, is responsible for the impact of … Continue Reading

Portuguese Children Crowdfund Climate Change Suit Against 47 Countries

By Paul Davies and Michael Green Six Portuguese children are raising funds to sue 47 European countries, asserting that their right to life has been threatened because governments have allegedly failed to adequately deal with climate change. With the support of lawyers from the Global Legal Action Network (GLAN), the children will ask nations in … Continue Reading
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