California 5th District Court of Appeal
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CA air board OK to ignore truckers' alternatives, public comment in setting zero emission trucks rule
A California state appeals court rejected truck engine makers' bid to undo California's so-called Advanced Clean Trucks rule, saying CARB didn't violate state law by ramming through the ACT rule with minimal regard for pleas from truck makers and the public to consider alternatives to their zero emissions mandate -
CA appeals court says Bakersfield newspaper must turn over reporter's notes from jailhouse interview with accused murderer
The appeals panel says journalists' First Amendment press freedom rights are superseded by accused criminals' right to a fair trial when the two rights conflict. -
California appeals court says cities must actively set aside zoned land for 'affordable housing' or run afoul of state housing law
A California appeals court said Clovis must do more than 'not discriminate' in approving housing projects. The judges said they found it 'extremely unlikely' that Clovis is whiter and wealthier than Fresno without discriminating against housing stock affordable for low-income minority residents -
Caltec Ag remains on hook for fine regarding products that should be classified as pesticides
FRESNO – California's Fifth District Court of Appeal recently said Caltec Ag Inc.. a Modesto-based agricultural technology company, remains on the hook for a $784,000 fine by the California Department of Pesticide Regulation over three Caltec products that should have been classified as pesticides. -
Appeals court sends suit in dairy worker's death back to trial court
FRESNO – California's Fifth District Court of Appeal recently reversed a trial court ruling granting a safety consultant's motion for summary judgment in a wrongful death suit filed by the family of a dairy worker killed in a tractor accident. -
Restore Hetch Hetchy vows to take Sierra Canyon restoration case to California Supreme Court
FRESNO — A Berkeley environmental group that wants the Hetch Hetchy reservoir in northwestern Yosemite drained to restore the Sierra Canyon has vowed to take the case to the California Supreme Court after losing an appeal in July. -
Appellate court grants attorney fees over California Truck and Bus Regulation battle
A California appellate court will award attorney fees in litigation involving new regulations for trucks and buses in the state. -
Attorney says California Air Resources Board nitrogen oxide calculation is 'small snag' on path to environmentally friendly state
Attorney says California Air Resources Board emission calculation is 'small snag' that can be fixed -
Appeals court orders California Air Resources Board to change how it calculates greenhouse gas emissions
A California appeals court recently reversed a lower court’s decision to discharge a court order that had mandated the California Air Resources Board (ARB) to correct several violations of the California Environmental Quality Act (CEQA) it had committed when it attempted to implement the state’s low carbon fuel standards regulations (LCFS). -
California Department of Conservation to go back to trial over alleged evasion of environmental laws
The California Fifth District Court of Appeal recently ruled that a district court erred in its decision to dismiss a case involving allegations that the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) did not conduct an environmental review before issuing permits for 214 new oil wells in Kern County. -
California court denies appeal by limited liability company that failed to pay taxes
A California appeals court recently dismissed a motion to toss out a default judgment filed against a household and commercial storage business because the company lost is status as a limited liability company after failing to pay taxes. -
Medical-malpractice claim regarding wire in patient dismissed by California appellate court
FRESNO, Calif. — A California appeals court recently dismissed a medical-malpractice action that alleged improper medical care involving a wire left in a patient's body. -
Appeals court overturns $73.4 million ruling in Kings County
FRESNO – A California appeals court has reversed a $73.4 million verdict in favor of a new city proposal in Kings County, a move that now casts uncertainty over the plan. -
Court approves environmental report for proposed Tehachapi Walmart
FRESNO – The 5th District Court of Appeals in Fresno ruled last month in favor of the city of Tehachapi for the proposed building of a Walmart. The appeal came after the city addressed several environmental concerns about the project. -
Off-duty prison guards can carry concealed weapons, ruling says
FRESNO – Prison guards in Stanislaus County can now carry concealed weapons while off duty without a permit, signaling what is expected to be the end of a disagreement between county officials and the union representing the guards.