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

We’ve posted articles to our California Land Use & Development Law Report on a development that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.

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).

Continue Reading

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.

Continue Reading | Subscribe

Recent Posts:
Advertising Materials – Some jurisdictions in which Perkins Coie LLP practices law may require that this communication be designated as Advertising Materials. You are receiving this e-mail as a friend or client of Perkins Coie LLP.  Legal Notice
Firm Headquarters: 1201 Third Ave., Suite 4900, Seattle, WA 98101
©2017 Perkins Coie LLP. All Rights Reserved. Perkins Coie LLP
Tags: , ,