On July 29, 2025, the California Court of Appeal issued a final ruling in Sheetz vs. El Dorado County in favor of the County on an unconstitutional takings claim. The decision, which followed a remand from the United States Supreme Court, addresses the requirements of federal constitutional law that applies to jurisdictions across the country.
Ninth Court Orders Dismissal, Without Leave to Amend, Ending the Climate Change Battle in Juliana v. United States
Juliana v. United States, 2024 U.S. Dist. LEXIS 71759, 2024 WL 1695064 (D. Or., Apr. 19, 2024)
In an order directing a lower court to dismiss without leave to amend, the United States Court of Appeals for the Ninth Circuit ended decade-long legal battle of Juliana v. United States. The saga began in 2015
The United States Supreme Court Holds In-House Proceedings by Federal Agency for Enforcement Action to Recover Civil Penalties Violates Seventh Amendment
SEC v. Jarkesy, 603 U.S. 109 (2024)
In SEC v. Jarkesy, 603 U.S. 109 (2024), the United States Supreme Court held that it is a violation of the Seventh Amendment right to a jury trial for the Securities and Exchange Commission (“SEC”) to bring enforcement actions against parties for securities violations in in-house
Ninth Circuit Court Affirmed the Lower Court’s Dismissal of Conservationists’ “Taking” Claim Under Endangered Species Act, Finding the Suit Moot
Friends of Gualala River v. Gualala Redwood Timber_ LLC_2024 U.S. App. LEXIS 24618
In Friends of Gualala River v. Gualala Redwood Timber, LLC, 2024 U.S. App. LEXIS 24618, the Ninth Circuit affirmed the district court’s dismissal of Appellants’ action under 16 U.S.C. § 1540(g), concluding Appellants’ claim under the Endangered Species Act (“ESA”) is moot.
Ninth Circuit Court Holds Wastewater Rule Under the Clean Water Act Applies to the Entire Facility, Not Just to Portions Where Industrial Activities Occurred
Puget Soundkeeper Alliance v. Port of Tacoma, 104 F.4th 95 (9th Cir. 2024).
Puget Soundkeeper Alliance (“Puget”) is an environmental organization concerned with water quality in Puget Sound. It brought a citizen suit under the Clean Water Act (“CWA”) against the Port of Tacoma, alleging that the Port had violated the Act in various
SWRCB Designates Tulare Lake Subbasin as Probationary Following 2023 DWR Announcement Deeming Six Basins to have Inadequate GSPs
In 2023 the California Department of Water Resources (“DWR”) deemed Groundwater Sustainability Plans (“GSPs”) for six groundwater basins inadequate, triggering state intervention. The six subbasins are: Chowchilla Subbasin, Delta-Mendota Subbasin, Kaweah Subbasin, Tule Subbasin, Tulare Lake Subbasin, and Kern Subbasin. When DWR deems a GSP inadequate for a basin, oversight of the basin transfers from
California Court of Appeal Affirmed the Principle that Privately-Owned Utilities Can Be Considered Public Entities for Inverse Condemnation Liability
Simple Avo Paradise Ranch, LLC v. Southern Cal. Edison Co. (2024) 102 Cal.App.5th 281.
In Simple Avo Paradise Ranch, LLC v. Southern Cal. Edison Co. (2024) 102 Cal.App.5th 281, the Second District Court of Appeal affirmed the applicability of inverse condemnation claims to privately-owned utility companies.
Simple Avo Paradise Ranch, LLC (“Simple Avo”), a private-owned
Fourth District Court of Appeal Holds the “Pay First, Litigate Later” Rule Applies to Sustainable Groundwater Management Act Fee Lawsuits, But Does Not Reach Significant Questions of Groundwater Usage by Overlying Landowners
Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605.
In Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605, the Fourth District Court of Appeal held that the “pay first, litigate later” rule applies to fees imposed by a local groundwater sustainability agency under the Sustainable Groundwater Management Act (“SGMA”). (Wat.
The Second Appellate District Holds Summary Judgment Based on Bona Fide Purchaser Doctrine Was Improperly Granted When There Were Obvious Factual Disputes of the Seller LLC’s Managerial Authority as to Whether Purchaser Was Adequately Diligent
Sam v. Kwan (2024) 101 Cal. App. 5th 556.
The California Court of Appeal, Second Appellate District reversed a trial court’s decision in a real estate case of breach of fiduciary duty between two partners of an LLC. The case demonstrates that the bona fide purchaser doctrine will not protect a third-party buying the property
2022 CEQA 4th QUARTER CUMULATIVE REVIEW
Welcome to Abbott & Kindermann’s 2022 4th Quarter cumulative CEQA update. This summary provides more in-depth case write-ups on the firm’s blog.
Over 40-years old, CEQA requires lead agencies to prepare environmental documents prior to granting discretionary approvals. CEQA documents are subject to numerous court decisions applying case law and the CEQA Guidelines. (Pub. Res.