News & Analysis as of

Statute of Limitations › Appeals › Environmental Litigation

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Downey Brand LLP

Indispensable Party: First District Rules Petitioner’s Failure to Join Real Party in Interest Necessitates Dismissal of Action

Downey Brand LLP on

In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of...more

Miller Starr Regalia

First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer...

Miller Starr Regalia on

In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

Lowenstein Sandler LLP on

On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

Perkins Coie on

A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Perkins Coie

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific...

Perkins Coie on

Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the...more

Perkins Coie

Agreement to Extend Statute of Limitations for CEQA Claim Was Ineffective Because It Did Not Include an Indispensable Party

Perkins Coie on

The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an...more

Foley Hoag LLP - Environmental Law

NSR Enforcement Lives On (For Now) — A Split Decision for Ameren

Foley Hoag LLP - Environmental Law on

The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. The...more

Perkins Coie

Court Upholds San Diego Convention Center Expansion

Perkins Coie on

A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission’s approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission,...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide