Justia Civil Procedure Opinion Summaries

In 2017, the California Department of Transportation (Caltrans) released a final environmental impact report (FEIR) for the construction of two freeway interchange ramps connecting Interstate 5 and State Route 56 (SR 56) (the Project). However, before the public comment period for the FEIR commenced and without issuing a notice of determination (NOD), Caltrans approved the Project a few days later and then filed a notice of exemption (NOE) two weeks later. The NOE stated that the Project was exempt from the California Environmental Quality Act (CEQA) pursuant to Streets and Highways Code section 103,1 which was enacted January 1, 2012. Citizens for a Responsible Caltrans Decision (CRCD) did not become aware of the NOE filing until after the 35-day statute of limitations period for challenging the NOE had run. CRCD filed a petition for writ of mandate and declaratory relief alleging, inter alia, that Caltrans erroneously claimed the Project was exempt from CEQA under section 103 and that Caltrans is equitably estopped from relying on the 35-day statute of limitations for challenging notices of exemption. Caltrans demurred to the petition on the grounds that the causes of action were barred by the applicable statute of limitations and that the Project was exempt from CEQA under section 103. CRCD opposed the demurrer. On appeal, CRCD contended the trial court erred by sustaining Caltrans's demurrer to the petition because: (1) section 103 did not exempt Caltrans from complying with CEQA in its approval of the Project; and (2) the petition alleged facts showing equitable estoppel applies to preclude Caltrans from raising the 35-day statute of limitations. The Court of Appeal agreed that the court erred by sustaining Caltrans's demurrer and therefore reversed the judgment of dismissal. View "Citizens for Responsible Caltrans Decision. v. Department of Transportation" on Justia Law

The jaguar is a large felid found in the southwestern United States, Mexico, Central America, and South America. Pertinent here, the jaguar was listed as a foreign endangered species in 1972. In 2014, the U.S. Fish and Wildlife Service published a final rule designating 764,207 acres in New Mexico and Arizona as critical jaguar habitat. Plaintiffs filed suit, contending the Service’s designation was arbitrary and capricious. The district court ruled in favor of the Service. After review of the district court record, the Tenth Circuit concluded the agency did not comply with the regulation, and the Tenth Circuit's "resolution of this issue is beyond doubt. Further, the agency had a chance to rectify this error, but failed to do so. When an agency does not comply with its own regulations, it acts arbitrarily and capriciously. " The Court therefore reversed the district court and remanded the case for further proceedings. View "NM Farm & Livestock Bureau v. United States Dept of Interior" on Justia Law

The Department of Environmental Quality (“DEQ”) brought a civil enforcement action under the Environmental Protection and Health Act against David Gibson and VHS Properties, LLC, (“VHS”), for illegally operating a composting facility. After a three-day bench trial, the district court determined that Gibson was operating a “Tier II Solid Waste Processing Facility” without prior approval from DEQ. The district court assessed a civil penalty and issued an injunction. On appeal, Gibson raised a number of issues regarding DEQ’s authority to regulate compost and its inspection of the property. DEQ argued Gibson’s appeal was partially time-barred. After review, the Idaho Supreme Court held that although Gibson’s appeal was not time-barred, he failed to show error. Therefore, it affirmed the district court. View "DEQ v. Gibson" on Justia Law

The Colorado Roadless Rule, which the Forest Service adopted in 2012, prohibits road construction in designated areas but included an exception for the North Fork Coal Mining Area (the “North Fork Exception”). In prior litigation, a district court concluded agency decisions violated the National Environmental Policy Act (“NEPA”) and the Administrative Procedure Act (“APA”), and vacated the North Fork Exception. Following these decisions, the Forest Service prepared a Supplemental Final Environmental Impact Statement (“North Fork SFEIS”) and readopted the Exception, Roadless Area Conservation. Mountain Coal Company, LLC, submitted lease modification requests in connection with coal leases in the area. In response, the Forest Service and the Bureau of Land Management (“BLM”) issued a Supplemental Final Environmental Impact Statement (“Leasing SFEIS”) and approved the requests. In the lawsuit that followed, a coalition of environmental organizations alleged the agencies violated NEPA and the APA by unreasonably eliminating alternatives from detailed study in the North Fork SFEIS and the Leasing SFEIS. The district court rejected these challenges. After review, the Tenth Circuit Court of Appeals reversed as to the North Fork SFEIS, holding that the Forest Service violated NEPA by failing to study in detail the “Pilot Knob Alternative” proposed by plaintiffs. Accordingly, the matter was remanded to the district court with instructions to vacate the North Fork Exception. With respect to the Leasing SFEIS, the Tenth Circuit held NEPA did not require consideration of the “Methane Flaring Alternative” proposed by plaintiffs. View "High Country Conservation v. United States Forest Service" on Justia Law

Petitioners, consisting of several citizens groups and neighborhood associations, sought a contested case hearing in the administrative law court (ALC) to challenge the propriety of state environmental authorizations issued by the South Carolina Department of Health and Environmental Control (DHEC) for a project relocating and expanding the passenger cruise facility at the Union Pier Terminal (the Terminal) in downtown Charleston. Petitioners contended they had standing to seek this hearing as "affected persons" under section 44-1- 60(G) of the South Carolina Code (2018). The ALC concluded Petitioners did not have standing and granted summary judgment to Respondents. The ALC terminated discovery and also sanctioned Petitioners for requesting a remand to the DHEC Board. The court of appeals affirmed. The South Carolina Supreme Court, however, concluded Petitioners did have standing, and thus reversed the grant of summary judgment and remanded the matter to the ALC for a contested case hearing. View "Preservation Society v. SCDHEC" on Justia Law

Appellants Baldwin & Sons, Inc.; Baldwin & Sons, LLC; Sunranch Capital Partners, LLC; USA Portola Properties, LLC; Sunrise Pacific Construction; USA Portola East, LLC; USA Portola West, LLC; and SRC-PH Investments, LLC, all appealed an order compelling compliance with administrative subpoenas issued by the State Water Resources Control Board. Appellants were involved (or believed to be involved) in the construction of a large-scale development in the Portola Hills Community in Lake Forest, California. The State Board initiated an investigation into alleged violations of the federal Clean Water Act and California's Porter-Cologne Water Quality Control Act occurring during construction activities. In connection with its investigation, the State Board issued subpoenas seeking Appellants' financial records. When Appellants refused to produce the requested financial records, the State Board sought a court order compelling compliance with the subpoenas. With the exception of tax returns, the trial court concluded that the information sought was relevant to the State Board's investigation and subject to disclosure pursuant to the investigative subpoenas. Appellants argued on appeal: (1) their financial records were not reasonably relevant to the State Board's investigation; (2) compelling production of their financial records violated their right to privacy; and (3) the protective order did not adequately protect against disclosure of their private financial information to third parties. The Court of Appeal rejected these claims and affirmed the challenged order compelling production of the Appellants' financial records subject to a protective order. View "State Water Resources Control Bd. v. Baldwin & Sons, Inc." on Justia Law

At issue was the promulgation of a novel rule by the Washington Department of Ecology addressing climate change. Specifically, the Washington Supreme Court was asked to determine whether the Washington Clean Air Act granted the Department broad authority to establish and enforce greenhouse gas emission standards for businesses and utilities that did not directly emit greenhouse gases, but whose products ultimately did. The Department claimed and exercised such authority in promulgating the rule at issue. The Supreme Court held that by its plain language and structure, the Act limited the applicability of emissions standards to actual emitters. "Ecology's attempt to expand the scope of emission standards to regulate nonemitters therefore exceeds the regulatory authority granted by the Legislature." The Court invalidated the Rule to the extent that it exceeded the Department's regulatory authority, while recognizing the Department could continue to enforce the Rule in its authorized applications to actual emitters. View "Ass'n of Wash. Bus. v. Dep't of Ecology" on Justia Law

Petitioners challenged the adequacy of the Environmental Impact Report (EIR) to accurately estimate the amount of Reactive Organic Gas (ROG) emissions and to adopt all feasible mitigation measures. The challenge arises from the approval of a geothermal plant to be located on fedeal land in Mono County, California. Petitioners also claimed the Great Basin Unified Air Pollution Control District (District) was not the proper lead agency to undertake preparation of the EIR. After review, the Court of Appeal concluded the District was the proper lead agency, and that the permit limiting the daily ROG emissions was sufficient evidence of the amount of the emissions. However, the Court determined the District did not adequately analyze whether the additional mitigation measures proposed by petitioners were feasible to limit ROG emissions. Therefore, the Court reversed the part of the judgment relating to the District’s consideration of the proposed mitigation measures, but affirmed in all other respects. View "Covington v. Great Basin Unified Air Pollution Control Dist." on Justia Law

Mandamus petitions before the Alabama Supreme Court presented a question of whether the Cherokee Circuit Court and the Etowah Circuit Court (collectively, "the trial courts") could properly exercise personal jurisdiction over the petitioners, out-of-state companies (collectively, the defendants) in actions filed against them by the Water Works and Sewer Board of the Town of Centre ("Centre Water") and the Water Works and Sewer Board of the City of Gadsden ("Gadsden Water"). Centre Water and Gadsden Water alleged the defendants discharged toxic chemicals into industrial wastewater from their plants in Georgia, which subsequently contaminated Centre Water's and Gadsden Water's downstream water sources in Alabama. After moving unsuccessfully in the trial courts to have the actions against them dismissed, the defendants filed petitions for writs of mandamus seeking orders from the Alabama Supreme Court directing the trial courts to dismiss the actions against them based on a lack of personal jurisdiction. The Supreme Court consolidated all the petitions for the purpose of issuing one opinion. Because Indian Summer, Kaleen, and Milliken made a prima facie showing that the trial courts lacked specific personal jurisdiction and Centre Water and Gadsden Water failed to produce any evidence to contradict that showing, the trial courts should have granted their motions to dismiss. Indian Summer, Kaleen, and Milliken have, therefore, demonstrated a clear legal right to the relief sought –- dismissal of Gadsden Water's and Centre Water's complaints against them –- and the petitions for a writ of mandamus in case nos. 1170887, 1171197, and 1171199 were granted. The Supreme Court concluded the trial courts could exercise specific personal jurisdiction over the remaining defendants, and that the remaining defendants did not demonstrated a clear legal right to relief at this stage. View "Ex parte Kaleen Rugs, Inc." on Justia Law

Defendant the City of Sacramento (City) approved and adopted a 2035 General Plan in March 2015. At the same time, the City certified the environmental impact report (EIR) for the 2035 General Plan in accordance with the California Environmental Quality Act. Plaintiff Citizens for Positive Growth & Preservation (Citizens) filed a petition for writ of mandate and injunctive relief and a complaint for declaratory relief (petition) against the City and its city council seeking to set aside both administrative actions. The trial court denied the petition, upholding both actions; Citizens appealed, challenging the validity of the 2035 General Plan and the EIR. It contends the Court of Appeal should vacate the trial court’s ruling regarding the 2035 General Plan and order the City to rescind its approval thereof because a sentence in the introductory paragraph violated and conflicted with state planning laws. Citizens also argued the Court should do the same as to the EIR because the City’s analyses pertaining to traffic, greenhouse gas emissions, air quality, cyclist safety, and the “no project” alternative failed to comply with CEQA, and the City was required to recirculate the EIR after releasing substantial supplemental changes shortly before the city council’s public hearing. Finding no merit in Citizens’s arguments, the Court of Appeal affirmed. View "Citizens for Positive Growth & Preservation v. City of Sacramento" on Justia Law