News & Analysis as of

Administrative Record Environmental Litigation

Lowenstein Sandler LLP

Recoverability of State Response Costs to Be Determined Under an Arbitrary and Capricious Standard of Review Limited to the...

Lowenstein Sandler LLP on

On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more

Perkins Coie

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

Perkins Coie on

An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more

Miller Starr Regalia

Second District Holds Adverse Judgment in CEQA Action Resulting from Plaintiff Attorney’s Failure to Lodge Administrative Record...

Miller Starr Regalia on

In a published opinion filed April 13, 2017, the Court of Appeal for the Second Appellate District, Division 5, held that Code of Civil Procedure (“CCP”) § 473(b)’s provisions allowing mandatory relief upon an attorney’s...more

Snell & Wilmer

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

Snell & Wilmer on

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

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