Juliana v. United States, 2024 U.S. Dist. LEXIS 71759, 2024 WL 1695064 (D. Or., Apr. 19, 2024)
In an order directing a lower court to dismiss without leave to amend, the United States Court of Appeals for the Ninth Circuit ended decade-long legal battle of Juliana v. United States. The saga began in 2015 in the United States District Court…
SEC v. Jarkesy, 603 U.S. 109 (2024)
In SEC v. Jarkesy, 603 U.S. 109 (2024), the United States Supreme Court held that it is a violation of the Seventh Amendment right to a jury trial for the Securities and Exchange Commission (“SEC”) to bring enforcement actions against parties for securities violations in in-house administrative proceedings.
Congress enacted the Securities Act…
Friends of Gualala River v. Gualala Redwood Timber_ LLC_2024 U.S. App. LEXIS 24618
In Friends of Gualala River v. Gualala Redwood Timber, LLC, 2024 U.S. App. LEXIS 24618, the Ninth Circuit affirmed the district court’s dismissal of Appellants’ action under 16 U.S.C. § 1540(g), concluding Appellants’ claim under the Endangered Species Act (“ESA”) is moot.
Plaintiffs-Appellants Friends of Gualala River (“FOGR”)…
Puget Soundkeeper Alliance v. Port of Tacoma, 104 F.4th 95 (9th Cir. 2024).
Puget Soundkeeper Alliance (“Puget”) is an environmental organization concerned with water quality in Puget Sound. It brought a citizen suit under the Clean Water Act (“CWA”) against the Port of Tacoma, alleging that the Port had violated the Act in various respects. The marine cargo terminal contains…
In 2023 the California Department of Water Resources (“DWR”) deemed Groundwater Sustainability Plans (“GSPs”) for six groundwater basins inadequate, triggering state intervention. The six subbasins are: Chowchilla Subbasin, Delta-Mendota Subbasin, Kaweah Subbasin, Tule Subbasin, Tulare Lake Subbasin, and Kern Subbasin. When DWR deems a GSP inadequate for a basin, oversight of the basin transfers from the local Groundwater Sustainability Agency…
Simple Avo Paradise Ranch, LLC v. Southern Cal. Edison Co. (2024) 102 Cal.App.5th 281.
In Simple Avo Paradise Ranch, LLC v. Southern Cal. Edison Co. (2024) 102 Cal.App.5th 281, the Second District Court of Appeal affirmed the applicability of inverse condemnation claims to privately-owned utility companies.
Simple Avo Paradise Ranch, LLC (“Simple Avo”), a private-owned avocado farm, and other plaintiff filed…
Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605.
In Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605, the Fourth District Court of Appeal held that the “pay first, litigate later” rule applies to fees imposed by a local groundwater sustainability agency under the Sustainable Groundwater Management Act (“SGMA”). (Wat. Code, § 10720 et seq.) This is the first case to…
Sam v. Kwan (2024) 101 Cal. App. 5th 556.
The California Court of Appeal, Second Appellate District reversed a trial court’s decision in a real estate case of breach of fiduciary duty between two partners of an LLC. The case demonstrates that the bona fide purchaser doctrine will not protect a third-party buying the property when the buyer negligently ignored…
In AIDS Healthcare Foundation v. Bonta (2024) 101 Cal.App.5th 73, the Second District Court of Appeal upheld the power of local governments to override housing density caps, including caps adopted by voter initiative.
Legal Background
Under Senate Bill 10 (“SB 10”), passed in 2021, the Legislature granted counties and cities discretion on a parcel-by-parcel basis to supersede local housing…
In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal held the Livermore City Council’s adoption of a resolution approving a development agreement was a legislative act subject to the referendum power. This case is the latest iteration of a multi-year litigation battle targeting an affordable housing development proposed for downtown…
