Articles

Federal Aviation Administration Failed to Take NEPA’s Requisite “Hard Look” at Whether a New Runway Had Indirect Effects Due to Increased Demand for Airport Operations Barnes v. United States Department of Transportation [9th Cir. No. 10-70718; filed 8/25/11] By Andrea A. Matarazzo Petitioners challenged an order of the Federal Aviation Administration (“FAA”) approving construction of a new runway at Hillsboro Airport ...

Identifying the Appropriate CEQA “Baseline” for a Mine Extension,Expansion or Project Amendment by Jeffrey K. Dorso, Esq. This article addresses the discrete legal question under mining law and the California Environmental Quality Act (“CEQA”) (Pub. Resources Code § 21000 et seq.) as to what constitutes the appropriate “baseline” under CEQA for a mining permit extension, expansion, or amendment. TYPICAL MINING PROJECT SCENARIO   Mining projects by ...

    By Joel Patrick Erb, Esq. Often overlooked by lenders and parties negotiating a lease when real estate is booming, the importance of SNDAs has been highlighted by the recent turbulence of the current commercial real estate market and the prevalence of foreclosures.   What are they? Subordination and Non Disturbance Agreements, commonly referred to as “SNDAs,” are typically an agreement between a tenant, a landlord and the landlord’s lender.   What is their purpose? They ...

Developers' Abandonment of Project and City's Rescission of Approval Rendered Judgment Moot for Purposes of Appeal Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa [No. E047624; filed 8/25/11] By Andrea A. Matarazzo Coalition for a Sustainable Future in Yucaipa (“Coalition”) appealed from a trial court judgment denying its petition for writ of mandate.  The petition challenged ...

Water District Failed to Show that Rate Structure Complied with Proposition 218 Requirements for Property-Related Fees City of Palmdale v. Palmdale Water District [No. B224869; filed 8/9/11, pub. order & mod. 8/25/11] By Andrea A. Matarazzo The City of Palmdale sought to invalidate water rate increases by the Palmdale Water District (“PWD”), arguing that PWD’s new rate structure violated the constitutional requirements of Proposition 218.  Under Proposition 218, fees imposed as ...

Court of Appeal Overturns Use Permit and Variance for Synagogue Expansion Due to City’s Failure to Comply with City Charter and Topanga Findings Requirements West Chandler Boulevard Neighborhood Association v. City of Los Angeles [Nos. B226663, B229418; filed 8/16/11, ordered published 9/6/11] By Andrea A. Matarazzo The Second District Court of Appeal overturned a decision by the City of Los Angeles granting a conditional use permit and parking variance for a synagogue in ...

Center for Environmental Law and Policy v. United States Bureau of Reclamation [No. 10-35646, filed August 19, 2011] By Andrea A. Matarazzo The Center for Environmental Law and Policy (“CELP”) challenged the Bureau of Reclamation’s NEPA review of a water diversion project, arguing that the agency’s Environmental Assessment (“EA”) was a post hoc rationale for a decision already made.  CELP claimed that the EA also ...

Arcadia Development Co. v. City of Morgan Hill (6th District, No. H035519, Filed 8/5/11) By Andrea A. Matarazzo   Arcadia Development Company, the owner of an undeveloped 69-acre parcel in the City of Morgan Hill, challenged that City’s ordinance ...

California Supreme Court Affirms That Common Sense "Is an Important Consideration at All Levels of CEQA Review."   By Andrea A. Matarazzo The City of Manhattan Beach (“City”) adopted an ordinance prohibiting the use of ...

Court of Appeal Allows CEQA Petitioner to Recover Attorney’s Fees Incurred to Exhaust Administrative Remedies Prior to Litigation. Edna Valley Watch v. County of San Luis Obispo (2nd District, No. B223653, Filed 8/2/11)   By Andrea A. Matarazzo Under the “American Rule” of attorney’s fees, each party in a lawsuit is ...