Justia California Court of Appeals Opinion Summaries

Articles Posted in Environmental Law
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Safety-Kleen of California, Inc. appealed against the denial of its petitions for a writ of mandate, which sought to compel the Department of Toxic Substances Control (the Department) to set aside final inspection violation scores concerning Safety-Kleen’s oil and hazardous waste treatment facility. The Department had classified certain violations at Safety-Kleen’s facility as Class I violations, which Safety-Kleen argued was an abuse of discretion under the Hazardous Waste Control Law (HWCL), as these violations did not pose a “significant threat to human health or safety or the environment.”The Court of Appeal of the State of California First Appellate District disagreed with Safety-Kleen, interpreting the HWCL to permit classification of a violation as Class I under independent statutory bases, including those that do not pose a significant threat to human health or safety or the environment. The court held that the Department did not abuse its discretion in determining Safety-Kleen’s final inspection violation scores. It also rejected Safety-Kleen’s argument that a Class II violation can only be reclassified as a Class I violation if the violation is chronic or the violator is recalcitrant. The court affirmed the judgment of the lower court. View "Safety-Kleen of Cal., Inc. v. Dept. of Toxic Substances Control" on Justia Law

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The Court of Appeal of California, Fourth Appellate District, Division One, addressed an appeal from Hilltop Group, Inc., and ADJ Holdings, LLC (Hilltop Group), regarding a dispute with the County of San Diego (County), over the proposed North County Environmental Resources Project (NCER Project), a recycling facility. The Hilltop Group applied to develop the NCER Project on a parcel of land that was designated for industrial use by the County as part of its General Plan Update (GPU) in 2011. However, the project faced significant opposition from community members, homeowners associations, and the nearby City of Escondido due to concerns over potential environmental impacts.The County staff initially required Hilltop Group to conduct environmental studies. Based on these studies, the County concluded that the NCER Project qualified for a California Environmental Quality Act (CEQA) exemption under section 21083.3, meaning that no further environmental review would be needed. However, this decision was appealed to the Board of Supervisors, who voted to grant the appeals and require further environmental review. The Hilltop Group challenged this decision in court, arguing that the NCER Project did not have any significant and peculiar environmental effects that were not already evaluated by the program Environmental Impact Report (EIR) for the GPU.The Court of Appeals ruled in favor of Hilltop Group, finding that the Board of Supervisors did not proceed in a manner required by law when they denied the exemption and failed to limit further environmental review to those effects enumerated in Guidelines section 15183, subdivision (b)(1) through (4). The court concluded that the Board of Supervisors' findings of peculiar environmental effects in the areas of aesthetics, noise, traffic, air quality, and GHG emissions were not supported by substantial evidence in the record. Therefore, the court held that the Board of Supervisors' decision denying the CEQA exemption and requiring the preparation of an EIR constituted a prejudicial abuse of discretion. The court reversed the trial court's judgment and directed it to enter a new judgment granting the petition and issuing a peremptory writ of mandate directing the County to set aside its decision granting the administrative appeals and requiring the preparation of an EIR. View "Hilltop Group, Inc. v. County of San Diego" on Justia Law

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The case in question involved a dispute between Epochal Enterprises, Inc., doing business as Divine Orchids, and LF Encinitas Properties, LLC and Leichtag Foundation, over a commercial lease agreement for a property containing dilapidated commercial greenhouses known to contain asbestos and lead paint. Epochal Enterprises claimed that the defendants failed to disclose the presence of these hazardous substances, which resulted in economic damage when the County of San Diego quarantined the leased premises. A jury found the defendants liable for premises liability and negligence, and awarded Epochal Enterprises damages for lost profits and other past economic loss.However, the trial court granted the defendants' motion for judgment notwithstanding the verdict (JNOV), based on a limitation of liability clause in the lease agreement that purported to prevent Epochal Enterprises from recovering the economic damages awarded by the jury.The Court of Appeal, Fourth Appellate District Division One State of California, reversed the trial court's judgment. It found that the jury necessarily concluded that the defendants had violated the Health and Safety Code by failing to disclose the existence of asbestos, and that this violation of law rendered the limitation of liability clause invalid under Civil Code section 1668. The court concluded that the limitation of liability clause could not bar Epochal Enterprises from recovering damages for the defendants' statutory violations.The court also affirmed the trial court's denial of the defendants' motion for partial JNOV on the issue of damages, finding that the jury had a reasonable basis for calculating the amount of lost profits. The court remanded the case for further proceedings. View "Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC" on Justia Law

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In this case, the Court of Appeal of the State of California Third Appellate District considered whether the planning and implementation of amendments to long-term contracts with local government agencies that receive water through the State Water Project violated the California Environmental Quality Act (CEQA), the Sacramento-San Joaquin Delta Reform Act (Delta Reform Act), and the public trust doctrine. The Department of Water Resources (the department) had determined that these amendments, which extended the contract terms to 2085 and made financial changes to the contracts, would not have an environmental impact. The department then filed an action to validate the amendments. Several conservation groups and public agencies contested this action, bringing separate actions challenging the amendments. After a coordinated proceeding, the trial court ruled in favor of the department. The appellants appealed this decision, but the Court of Appeal affirmed the lower court's ruling. The court found that the department had followed the correct procedures under CEQA, that the amendments did not violate the Delta Reform Act or the public trust doctrine, and that it was not necessary to recirculate the Environmental Impact Report for further public comment. The court also rejected the appellants' arguments that the department had improperly segmented its environmental analysis and that its project description was inaccurate or unstable. Finally, the court held that the amendments were not a "covered action" under the Delta Reform Act requiring a consistency certification with the Delta Plan. View "Planning and Conservation League v. Dept. of Water Resources" on Justia Law

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In a case involving the Natural Resources Defense Council, Inc. and others (appellants) against the City of Los Angeles and others (respondents), the Court of Appeal of the State of California, Fourth Appellate District, Division One, reversed and remanded a lower court's decision for further proceedings. The case revolved around the preparation of a supplemental environmental impact report (SEIR) under the California Environmental Quality Act (CEQA) for the continued operation of the China Shipping Container Terminal located in the Port of Los Angeles. The appellants alleged that the SEIR violated CEQA in multiple ways, including the failure to ensure that mitigation measures were enforceable and the failure to adequately analyze the emissions impacts of the project. The trial court agreed with some of the appellants' claims and ordered the Port to set aside the certification of the 2019 SEIR and prepare a revised SEIR that complies with CEQA. However, the court did not impose further remedies, such as the cessation of Port activities or the required implementation of certain mitigation measures. The court's decision was appealed by the appellants, who argued that the trial court erred in its determination of the remedy and that certain other mitigation measures in the SEIR were not supported by substantial evidence. The appellate court agreed with some of these claims and reversed the trial court's decision. It remanded the case back to the trial court for further proceedings, including the consideration of its authority to fashion an appropriate remedy in light of the CEQA violations. View "Natural Resources Defense Council v. City of Los Angeles" on Justia Law

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The case pertains to an appeal by the City of Los Angeles and real parties in interest, TTLC Los Angeles – El Sereno, LLC and The True Life Companies, LLC against a petition filed by Delia Guerrero and Coyotl + Macehualli Citizens (Objectors). The Objectors alleged that the city's approval of a real estate development project violated the California Environmental Quality Act (CEQA). The city and the developers had argued that the petition was untimely, but the trial court granted the Objectors’ petition, directing the city to vacate project approvals and prepare an environmental impact report (EIR) evaluating the project's environmental impacts. On appeal by the city and developers, the Court of Appeal of the State of California Second Appellate District Division Five reversed the lower court's decision. The appellate court held that the Objectors’ petition was untimely, as it was filed more than a year after the city's notice of determination, which triggered the statute of limitations for challenges under the CEQA. The court concluded that the city's initial approval of the project represented its earliest firm commitment to approving the project, and hence constituted project approval under CEQA. Therefore, the court ruled in favor of the city and the developers and ordered the trial court to dismiss the Objectors' petition. View "Guerrero v. City of Los Angeles" on Justia Law

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In the case of Planning and Conservation League et al., v. Department of Water Resources heard in the California Court of Appeal, Third Appellate District, the court considered whether the Department of Water Resources’ (department) approval of amendments to long-term contracts with local government agencies that receive water through the State Water Project violated various laws. The amendments extended the contracts to 2085 and expanded the facilities listed as eligible for revenue bond financing. Several conservation groups and public agencies challenged the amendments, arguing they violated the California Environmental Quality Act (CEQA), the Sacramento-San Joaquin Delta Reform Act (Delta Reform Act), and the public trust doctrine. However, the court held that the department did not violate CEQA, the Delta Reform Act, or the public trust doctrine, and therefore affirmed the trial court's judgment in favor of the department. The court found that the department used the correct baseline for its environmental impact report (EIR), properly segmented the amendments from related projects, and adequately considered the direct, indirect, and cumulative impacts of the amendments. The court also held that the department adequately described the project and considered a reasonable range of alternatives, and that recirculation of the EIR was not required. The court rejected arguments that the amendments violated the Delta Reform Act or the public trust doctrine, finding that they did not impact "water that is imbued with the public trust." The court concluded that the department acted within its authority in approving and executing the amendments. View "Planning and Conservation League v. Dept. of Water Resources" on Justia Law

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The Court of Appeal of the State of California was asked to review a decision by the Public Utilities Commission (PUC) that adopted a new tariff (pricing structure) for utility customers who generate their own power from renewable sources, such as solar panels. This new tariff significantly reduces the price utilities pay for customer-generated power. The petitioners, a group of environmental organizations, argued that the new tariff fails to comply with various requirements imposed by state law, including that it doesn't take into account the societal benefits of customer-generated power, it favors utility customers who don't own renewable systems, it doesn't promote sustainable growth of renewable energy, and it doesn't promote the growth of renewable systems among customers in disadvantaged communities. The court upheld the PUC's decision.The court found that the PUC's decision to base the price paid for exported power on the marginal cost of energy to the utilities served the goal of equity among customers. The court also determined that the PUC's decision complied with the statutory mandate to ensure that the tariff does not grant unwarranted benefits or impose unwarranted costs on any particular group of ratepayers. Lastly, the court found the PUC's efforts to stimulate the adoption of renewable systems in disadvantaged communities sufficient to meet its statutory obligation. View "Center for Biological Diversity v. Public Utilities Com." on Justia Law

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In December 2018, the State Water Resources Control Board (the Board) adopted amendments to the water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and certified a substitute environmental document supporting the amendments. The San Joaquin Tributaries Authority (SJTA), along with other entities, filed lawsuits against the Board challenging the amendments. These lawsuits were coordinated in Sacramento County, and the SJTA filed a motion to intervene in all of the cases that were part of the coordination proceeding. The trial court denied the motion, and the SJTA appealed.The Court of Appeal of the State of California Third Appellate District affirmed the trial court's decision. It found that SJTA did not meet the requirements for mandatory intervention because it was already a party to the coordination proceeding and could adequately represent its own interests. The court also found that the trial court did not abuse its discretion in denying permissive intervention, as SJTA's participation would largely be duplicative and would complicate an already complex case. The court noted that intervention was not necessary because SJTA was already a part of the coordination proceeding and could fully protect its interests. View "State Water Board Cases" on Justia Law

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A dispute arose under the Sustainable Groundwater Management Act (SGMA; Water Code 10720) regarding which local groundwater sustainability agency is authorized to manage the groundwater in a portion of the 180/400 Foot Aquifer Subbasin of the Salinas Valley Groundwater Basin called the CEMEX area. The City of Marina challenged the groundwater sustainability plan of the Salinas Valley Basin Groundwater Sustainability Agency (SVBGSA) as adopted by Monterey County and posted by the Department of Water Resources as the operative groundwater sustainability plan for most of the Subbasin. The County sought a declaration that the formation of the City’s groundwater sustainability agency was void.The court of appeal affirmed the trial court, agreeing with the Department that under section 10724 the County could step in as the presumptive groundwater management agency for the CEMEX area when the City and SVBGSA failed to reach an agreement to allow prompt designation of a groundwater sustainability agency; the Department properly posted the County’s notice of the formation of a groundwater sustainability agency for the CEMEX area on its website and properly identified the County’s groundwater sustainability agency as the exclusive groundwater sustainability agency for the area. View "City of Marina v. County of Monterey" on Justia Law