Justia Government & Administrative Law Opinion Summaries

This case involved challenges by the High Sierra Rural Alliance (High Sierra) to the Plumas County’s general plan update and the final environmental impact report (EIR). All of High Sierra’s challenges related to these documents’ treatment of possible growth outside of the County’s planning areas. Specifically, High Sierra contended: (1) the County’s general plan update violated the California Timberland Productivity Act of 1982 (Timberland Act) by determining a residence or structure on a parcel zoned as a timberland production zone is necessarily compatible with timber operations; (2) the general plan update violated Government Code section 51104; (3) the County violated CEQA by failing to properly address the potentially significant impacts of allowing construction of multiple buildings covering up to two acres on a single parcel without any discretionary review or mitigation policies to protect the environment; (4) the County’s EIR was defective because it did not properly describe or disclose the potentially significant impacts of allowing new clustered subdivision development in rural areas under general plan update policy number LU1.1.4; and (5) the County should be required to recirculate the final EIR because the County added significant information regarding development after the close of the public comment period. The Court of Appeal concluded the County’s general plan update did not violate the Timberland Act by failing to recite the statutory language in Government Code section 51104. And the County’s EIR is not deficient for lack of study regarding the effects of section 51104 on the construction of residences and structures in timberland production zone parcels. The Court also concluded the EIR adequately analyzed reasonably foreseeable development within the County, including impacts that could be expected outside the planning areas. The Court agreed with the trial court that the County reasonably crafted the EIR as “a first-tier environmental document that assesses and documents the broad environmental impacts of a program with the understanding that a more detailed site-specific review may be required to asses future projects implemented under the program.” View "High Sierra Rural Alliance v. County of Plumas" on Justia Law

This appeal stemmed from an Agency of Natural Resources (ANR) decision to extend the City of Burlington’s 2011 Conditional Use Determination (2011 CUD), which permitted the City to commence construction on the Champlain Parkway project. Appellant Fortieth Burlington, LLC (Fortieth) challenged ANR’s approval of the permit extension, and the Environmental Division’s subsequent affirmance of that decision, on grounds that the City failed to adhere to several project conditions outlined in the 2011 CUD and was required to redelineate and reevaluate the wetlands impacted by the project prior to receiving an extension, among other reasons. The Environmental Division dismissed Fortieth’s claims, concluding that the project complied with the 2011 CUD’s limited requirements for seeking a permit extension and that Fortieth’s other claims were collateral attacks against the underlying permit and were impermissible. Finding no reversible error, the Vermont Supreme Court affirmed. View "In re Champlain Parkway Wetland Conditional Use Determination (Fortieth Burlington, LLC)" on Justia Law

Petitioner Audubon Society of Greater Denver sought review of the Army Corps of Engineers’ approval of a project to store more water in the Chatfield Reservoir in Colorado. Audubon argued the Corps’ review and approval of the project failed to comply with the National Environmental Policy Act and the Clean Water Act. The district court denied the petition for review after concluding that the Corps’ decision was not arbitrary or capricious. Audubon also moved to supplement the administrative record. The district court denied the motion because it found that the administrative record sufficiently informed the Corps’ analysis. Finding no reversible error, the Tenth Circuit affirmed the district court. View "Audubon Society v. US Army Corps of Engineers" on Justia Law

The Ninth Circuit withdrew its prior opinion filed December 12, 2017, and substituted the following opinion.In National Mining Association v. Zinke, 877 F.3d 845 (9th Cir. 2017), the panel upheld the decision of the Secretary of the Interior to withdraw, for twenty years, more than one million acres of public lands around Grand Canyon National Park from new mining claims. The panel held that that withdrawal did not extinguish "valid existing rights."The panel affirmed, with one exception, the district court's judgment in an action filed by the Tribe and three environmental groups challenging the Forest Service's determination that Energy Fuels had a valid existing right to operate a uranium mine on land within the withdrawal area. The panel held that the Federal Land Policy and Management Act of 1976, and not the Mining Act, formed the legal basis of plaintiffs' claim that Canyon Mine should not be exempt from the withdrawal because the valid existing right determination was in error. The panel vacated as to this claim and remanded for reconsideration on the merits. View "Havasupai Tribe v. Provencio" on Justia Law

This case involved a challenge to a Water Code section 13269 waiver of waste discharge requirements for irrigated agricultural land. Discharge requirements could be waived “if the state board or a regional board determines . . . that the waiver is consistent with any applicable state or regional water quality control plan and is in the public interest.” In 2012, the Central Coast Regional Water Quality Control Board modified the waiver. Monterey Coastkeeper, San Luis Obispo Coastkeeper, California Sportfishing Protection Alliance, and Santa Barbara Channelkeeper (collectively Coastkeeper) petitioned for a writ of mandate, challenging the modified waiver. They contended it did not meet the requirements of the Water Code and applicable state water policies. The trial court agreed in part, and issued a peremptory writ of mandate directing the State Board to set aside the modified waiver and issue a new waiver consistent with its decision. The State Board and various agricultural interests as interveners appealed, contending the trial court erred in comparing the modified waiver (unfavorably) to a 2010 draft of the 2012 waiver, failing to defer to the State Board’s expertise and apply a presumption of correctness, and ignoring the appropriate reasonableness standard. They raised specific objections to several of the trial court’s findings. The Court of Appeal agreed with appellants as to two of their points; the trial court’s findings as to the inadequacy of the tiering and monitoring provisions of the modified waiver were not supported by substantial evidence. Therefore, the Court modified the judgment accordingly and otherwise affirmed. View "Monterey Coastkeeper v. Water Resources Control Board" on Justia Law

From 1910 until 1986, Greenlease Holding Co. (“Greenlease”), a subsidiary of the Ampco-Pittsburgh Corporation (“Ampco”), owned a contaminated manufacturing site in Greenville, Pennsylvania. Trinity Industries, Inc. and its wholly-owned subsidiary, Trinity Industries Railcar Co. (collectively, “Trinity”), acquired the site from Greenlease in 1986 and continued to manufacture railcars there until 2000. An investigation by Pennsylvania into Trinity’s waste disposal activities resulted in a criminal prosecution and eventual plea-bargained consent decree which required, in relevant part, that Trinity remediate the contaminated land. That effort cost Trinity nearly $9 million. This appeal arose out of the district court’s determination that, under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), and Pennsylvania’s Hazardous Sites Cleanup Act (“HSCA”), Trinity was entitled to contribution from Greenlease for remediation costs. The parties filed cross-appeals challenging a number of the district court’s rulings, including its ultimate allocation of cleanup costs. The Third Circuit ultimately affirmed the district court on several pre-trial rulings on dispositive motions, vacated the cost allocation determination and remanded for further proceedings. View "Trinity Industries Inc v. Greenlease Holding Co." on Justia Law

An action to recover civil penalties for violation of the preconstruction requirements for major emitting facilities under 42 U.S.C. 7475(a) must be brought within five years of the first day of the alleged construction period. The Government filed suit against Luminant, alleging that the company violated the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities. The district court dismissed the government's civil penalty and injunctive relief claims as time barred, and held that the injunctive relief claims were subject to dismissal for lack of jurisdiction.The Fifth Circuit held that the government, in its sovereign capacity, was exempted from the concurrent remedies doctrine; the statute of limitations did not apply to the government's claims for injunctive relief that were not civil fines, penalties, or forfeitures; there was no support for the district court's assumption that it was without jurisdiction to entertain any injunctive relief based on past violations of section 7475(a); and thus the district court was not barred by the statute of limitations, nor by the absence of jurisdiction, from further considering whether equitable relief may in some form be available to the government. Accordingly, the court remanded the injunctive relief claims for further consideration. View "United States v. Luminant Generation Co." on Justia Law

Plaintiff-respondent San Diego Unified Port District (District) unsuccessfully asked defendant-appellant California Coastal Commission (Commission) to certify an amendment of District's port master plan to authorize hotel development in the East Harbor Island subarea, including construction of a 175-room hotel by real party in interest Sunroad Marina Partners, LP (Sunroad). District filed a petition for peremptory writ of mandate challenging Commission's denial of certification, and the trial court in January 2017 issued the writ, finding Commission violated provisions of the California Coastal Act of 1976 and "impermissibly set policy" by setting a maximum rental rate or fixing room rental rates. Commission did not appeal that ruling, but reheard District's application and again denied certification, finding the master plan amendment lacked sufficient specificity to adequately protect lower cost visitor and public recreational opportunities, including overnight accommodations. On objections by District and Sunroad, the trial court in August 2017 ruled that Commission had essentially conditioned its certification on the provision of lower cost overnight accommodations, which "infring[ed] on the wide discretion afforded to the District to determine the contents of land use plans and how to implement those plans." The court ruled that Commission acted in excess of its jurisdiction and did not proceed in the manner required by law. Commission appealed the August 2017 postjudgment order, contending it complied with the writ, but afterwards, in the face of Port's and Sunroad's objections, the trial court expanded the writ's scope, thereby exceeding its jurisdiction. Commission asked the Court of Appeal to find it complied with the writ as issued, reverse the order sustaining District and Sunroad's objection, and direct the trial court to discharge the writ. Furthermore, the Commission contended it properly denied District's proposed amendment on remand. The Court of Appeal narrowly reviewed the correctness of the trial court's postjudgment ruling that Commission exceeded its jurisdiction or acted contrary to law in denying certification of District's proposed master plan amendment. Doing so, the Court held the trial court erred by relying in part on provisions of the Act governing a local government's authority and imposing limits on Commission's jurisdiction with respect to local coastal programs, which did not pertain to port master plans or master plan amendments. Furthermore, the Court concluded the lower court engaged in an impermissibly broad interpretation of a provision of the Act barring Commission from modifying a master plan amendment as a condition of certification. View "San Diego Unified Port Dist. v. Cal. Coastal Commission" on Justia Law

In the event a local agency believes it is entitled to subvention for a new unfunded state mandate, the agency may file a “test claim” with the Commission on State Mandates (Commission). Here, the Commission denied consolidated test claims for subvention by appellants Paradise Irrigation District (Paradise), South Feather Water & Power Agency (South Feather), Richvale Irrigation District (Richvale), Biggs-West Gridley Water District (Biggs), Oakdale Irrigation District (Oakdale), and Glenn-Colusa Irrigation District (Glenn-Colusa) (collectively, the Water Districts). The Commission determined the Water Districts had sufficient legal authority to levy fees to pay for any water service improvements mandated by the Water Conservation Act of 2009. The trial court agreed and dismissed a petition for writ of mandate brought by the Water Districts. On appeal, the Water Districts presented a question left open by the Court of Appeal's decision in Connell v. Superior Court 59 Cal.App.4th 382 (1997), addressing the statutory interpretation of Revenue and Taxation Code section 2253.2 (recodified in pertinent part without substantive change in Government Code section 17556). Connell held local water districts were precluded from subvention for state mandates to increase water purity levels insofar as the water districts have legal authority to levy fees to cover the costs of the state-mandated program. In so holding, Connell rejected an argument by the Santa Margarita Water District and three other water districts that they did not have the “practical ability in light of surrounding economic circumstances.” The Connell Court reasoned that crediting Santa Margarita’s argument “would create a vague standard not capable of reasonable adjudication. Had the Legislature wanted to adopt the position advanced by [Santa Margarita], it would have used ‘reasonable ability’ in the statute rather than ‘authority.’ ” This appeal addresses that issue by considering whether the passage of Proposition 218 changed the authority of water districts to levy fees so that unfunded state mandates for water service must now be reimbursed by the state. The Court of Appeal concluded Proposition 218 did not undermine Connell, thus, the Commission properly denied the reimbursement claims at issue here because the Water Districts continued to have legal authority to levy fees even if that authority was subject to majority protest of customers. View "Paradise Irrigation Dist. v. Commission on State Mandates" on Justia Law

The County of San Diego (the County) challenged a peremptory writ of mandate and injunction, along with a judgment directing it to set aside and vacate the "2016 Climate Change Analysis Guidance Recommended Content and Format for Climate Change Analysis Reports in Support of CEQA Document" and prohibiting it from using the Guidance Document or the "Efficiency Metric" defined in it as part of its California Environmental Quality Act (CEQA) review of greenhouse gas (GHG) impacts for development proposals in unincorporated areas of San Diego County. The County argued the matter was not justiciable because it was not ripe and the Guidance Document did not establish a threshold of significance for use in environmental review, nor did its use violate CEQA. Furthermore, the County contended its separate development of a Climate Action Plan (CAP) and threshold of significance was evidence the Guidance Document did not violate a previous writ or use piecemeal environmental review. The Court of Appeal disagreed with the County and affirmed the trial court writ and judgment in their entirety. View "Golden Door Properties v. Co. of San Diego" on Justia Law