CA Land Use & Development Law Report: CEQA Action Challenging Oil Well Permits Not Barred By Res Judicata

 
 
The California Land Use & Development Law Report
Legal Commentary on Planning and Development

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CEQA Action Challenging Oil Well Permits Not Barred By Res Judicata
The court of appeal held that the doctrine of res judicata (which precludes relitigation by the same parties of issues previously adjudicated on the merits) does not apply when a prior judgment was based on mootness and ripeness grounds because it is not a judgment on the merits. Association of Irritated Residents v. California Department of Conservation (No. F073018, May 4, 2017).

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Ninth Circuit Upholds Biological Opinion for Silver State South Solar Project in Nevada
In Defenders of Wildlife v. Zinke, the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the Silver State South solar project in southern Nevada. 856 F.3d 1248 (9th Cir. 2017). A key takeaway from the decision is the substantial deference that the courts give to the scientific judgments of the FWS, especially in the face of scientific uncertainty.

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