News & Analysis as of

Mootness California

Troutman Pepper Locke

Supreme Court Avoids Class-Action Review Due to Mootness Concerns

Troutman Pepper Locke on

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more

Miller Starr Regalia

Fight On! After Grant and Transfer, Second District Holds Upon Reconsideration that Resident Noise Does Not Preclude CEQA Class 32...

Miller Starr Regalia on

In a partially published opinion filed October 31, 2024, the Second District Court of Appeal (Div. 1) held, in light of AB 1307 and the Supreme Court’s decision in Make UC a Good Neighbor v. Regents of University of...more

Miller Starr Regalia

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From...

Miller Starr Regalia on

“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more

Downey Brand LLP

California Supreme Court Reverses First District Court of Appeal’s Decision in UC Berkeley People’s Park Student Housing Case

Downey Brand LLP on

The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for...more

Perkins Coie

Completion of Project Did Not Moot CEQA Claims, and County’s Failure to Exercise Jurisdiction Could Provide a Basis for a CEQA...

Perkins Coie on

The completion of a shooting range redevelopment project did not moot CEQA claims regarding the project even though the plaintiff had not sought an injunction against development or operation of the project. Moreover, the...more

Miller Starr Regalia

Sixth District Reverses Writ, Upholds Responsible Agency Monterey County’s Approval of Desalination Plant In Reliance on CPUC’s...

Miller Starr Regalia on

In an opinion originally filed on September 8, and subsequently modified and certified for partial publication on October 4, 2023, the Sixth District Court of Appeal reversed the trial court’s judgment granting a writ setting...more

Meyers Nave

Ninth Circuit Clarifies Mootness Exceptions for Covid-19 Litigation

Meyers Nave on

The Ninth Circuit on June 15, 2022 issued its long-awaited en banc decision in Brach v. Newsom, holding that the challenge to the California’s Covid-19 restrictions on in-person schooling is now moot.  The appeal arose from a...more

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