Rossmann and Moore, LLP

Cases

2010s

Planning and Conservation League v. State of California (2013) Alameda Super. Ct. (final judgment; unconstitutionality of AB 900 attempt to force CEQA cases to Court of Appeal).

Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758 (validity and environmental assessment of Colorado River water transfer).

2000s

Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova, 2007 Cal. LEXIS 748 (February 1, 2007) (defective assessment of long-term water supply for large-scale specific and community plan violated California Environmental Quality Act) (amicus curiae)

Allegretti v. County of Imperial, 138 Cal. App. 4th 1261 (2006), cert. denied 127 S. Ct. 960 (2007) (upheld county permit conditions limiting groundwater for owner’s use against takings claim)

Planning and Conservation League v. United States Bureau of Reclamation, et al. , unpublished (N.D. Cal 2006) (granting preliminary injunction against Delta-Mendota Canal/ California Aqueduct intertie project based upon inadequate environmental review)

Nuclear Energy Institute v. Environmental Protection Agency 373 F.3d 1251 (D.C. Cir. 2004) (invalidated EPA radiation standard for Yucca Mountain nuclear waste repository, sustaining Nevada/ NRDC challenge based upon definition of compliance period that defied National Academy of Sciences recommendations)

Hayward Area Planning Association v. Alameda County Transportation Authority, First Appellate District, unpublished (2004) (prevented funds from county transportation measure from diversion to transportation route changed from that approved by voters) (amicus curiae)

Friends of Sierra Madre v. City of Sierra Madre, 25 Cal.4th 165 (2001) (city-sponsored initiative removing structures from historic preservation status not exempt from review under California Environmental Quality Act)(amicus curiae)

Churchill County v. Norton, 276 F.3d 1060 (9th Cir. 2001) (addressing Department of Interior’s NEPA procedures in implementing Truckee/ Carson/ Pyramid Lake water reallocation program)

Planning and Conservation League v. Department of Water Resources, 83 Cal. App.4th 892 (2000)(insufficiency of environmental review addressing the restructuring of State Water Project in the Monterey Amendments; right to proceed with validation action)

1990s

City of South Pasadena v. Slater, 56 F.Supp.2d 1106 (C.D. Cal. 1999)(preliminary injunction against Route 710 freeway, due to likely violations of National Environmental Policy Act, Clean Air Act, and section 4(f) of Department of Transportation Act)

Golub v. City of Carmel-by-the-Sea, Monterey County Superior Court, unpublished (1999)(mandate against city for failure to failure to follow provisions of city code addressing procedures for use permits, variances, and administrative appeals)

City of Livermore v. Alameda County Flood Control and Water Conservation District, Zone 7, Sacramento County Superior Court, unpublished (1999)(agreement to export water to support out-of-county development violated county’s water district act)

Churchill County v. Babbitt, 158 F.3d 491 (9th Cir. 1998)(standing of county and city to challenge environmental review of Truckee-Carson-Pyramid Lake water allocation program)

Planning and Conservation League v. Department of Water Resources, 17 Cal.4th 264 (1998)(time to appeal prejudgment order in validation action)

County of Inyo v. City of Los Angeles (II) (1976) 61 Cal.App.3d 91 (appellate jurisdiction and relief); (III) (1977) 71 Cal.App.3d 185 (Owens Valley groundwater management); (IV) (1978) 78 Cal.App.3d 82 (attorneys’ fees); (V) (1980) 124 Cal.App.3d 1 (groundwater management); (VI) (1984) 160 Cal.App.3d 1178 (dispute resolution); (VII) (1993) Cal.App. unpublished (appellate jurisdiction); (VIII) (1997) (final resolution and dismissal)

216 Sutter Bay Associates v. County of Sutter (1997) 58 Cal.App.4th 860 (county defense of development agreement rescissions to implement election results)

City of South Pasadena v. California Department of Transportation (1994) 29 Cal. App.4th 1280 (enforcing requirement for city’s consent to Route 710 freeway construction)

Baldwin v. County of Tehama (1994) 31 Cal.App.4th 166 (authority of California counties to regulate groundwater) (amicus curiae)

1980s

Herrington v. County of Sonoma (9th Cir. 1989) 883 F.2d 739, modifying (1987) 655 F. Supp. 1111 (attorneys’ fees)

Herrington v. County of Sonoma (9th Cir. 1988) 834 F.2d 1488, modified, 857 F.2d 567, cert. denied, (1989) 109 S.Ct. 1557 (county defense against landowners’ civil rights claims)

Friends of the Orinda Theater v. County of Contra Costa (1986) 182 Cal.App.3d 1145 (landmark theater preservation)

National Audubon Society v. Superior Court (Dept. of Water & Power) (1983) 33 Cal.3d 419 (public trust in appropriated waters feeding Mono Lake) (amicus curiae)

San Diego Gas & Electric Co. v. San Diego (1981) 450 U.S. 621 (constitutionality of open space zoning; finality of state decisions) (amicus curiae)

County of Inyo v. Public Utilities Comm. (1980) 26 Cal.3d 154 (PUC jurisdiction over municipal utilities in Owens Valley).

Pacific Gas & Electric Co. v. State Energy Comm. (N.D. Cal. 1980) 489 F.Supp. 699, reversed, (1983) 461 U.S. 190, (9th Cir. 1981) 659 F.2d 903; Pacific Legal Foundation v. State Energy Comm. (S.D. Cal. 1979) 472 F.Supp. 191 (constitutionality of state nuclear laws)

Woodland Hills Residents Assn. v. City Council (I) (1975) 44 Cal.App.3d 825 (community planning consistency); (II) (1979) 23 Cal.3d 917 (public interest attorney’s fees); (III) (1980) 26 Cal.3d 938 (political contributions to land use adjudicators).

Foundation for San Francisco’s Architectural Heritage v. City and County of San Francisco (1980) 106 Cal.App.3d 893 (substantive review of “City of Paris” landmark demolition)