California Supreme Court Civil Issues Pending: Environmental
[UPDATED THROUGH MAY 1, 2012]
Does a Failed Request for Funds Satisfy a State Agency’s Duty To Mitigate Off-Site Impacts? Does a state agency that may have an obligation to make “fair-share” payments for the mitigation of off-site impacts of a proposed project satisfy its duty to mitigate under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) by stating that it has sought funding from the Legislature to pay for such mitigation and that, if the requested funds are not appropriated, it may proceed with the project on the ground that mitigation is infeasible? City of San Diego v. Trustees of the California State University, S199557 (opinion below D057446, formerly 201 Cal.App.4th 1134). Review granted 4/18/12.
Can the Trial Court Properly Deny a Motion to Amend a 1961 Judgment Which Imposes a “Physical Solution” on the West Coast Water Basin Without an Evidentiary Hearing on the Merits? The Court granted review without identifying an issue on review and deferred briefing pending further order of the Court. The Court of Appeal held that the trial court had jurisdiction to hear the motion, but erred in denying the motion without an evidentiary hearing out of concern that certain express and implied findings in the proposed amendment might ultimately be inconsistent with any later EIR under CEQA. Hillside Memorial Park & Mortuary v. Golden State Water Co., S197767 (opinion below B225058, formerly 199 Cal.App.4th 658), review granted 12/21/11.
Can an Air Quality District Require the Use of Currently Non-Existent Technologies or Unused New Applications? (1) Does Health and Safety Code section 40440, which requires an air quality district to adopt rules requiring use of the “best available retrofit control technology” for air pollution, authorize the district to require technology that does not yet exist? (2) Is technology “available” if it exists and is being used for some, but not all, applications within a particular product category? National Paint & Coatings Assn., Inc. v. South Coast Air Quality Management Dist., S177823 (opinion below G040122, formerly 177 Cal.App.4th 1494), review granted 1/21/10. The petition for review is here. Update 4/6/10: Case retitled as American Coatings Association v. South Coast Air Quality Management District. Update 4/5/12: Oral argument scheduled for 5/1/12. Update 5/1/12: Cause argued and submitted.
