News and Resources Pack - Environmental

Environmental Articles

Indoor Air Quality & Sick Building Syndrome

Up to thirty percent of new and remodeled buildings worldwide may be subject to complaints relating to indoor air quality. The condition may be temporary, or it may be long term. Indoor air quality problems can arise when a building is operated or maintained in a manner inconsistent with the original design, or the problems may result from poor building design. In other cases, occupant activities give rise to poor indoor air quality. In any event, poor indoor air quality and airborne contaminants can cause a host of health-related problems ranging from merely annoying to debilitating, and even life threatening. These health concerns generally fall into one of two categories: sick building syndrome or building related illness, both of which are discussed in more detail below.

Read More

Real Estate Transactions

Real estate law involves the purchase and sale of land for business or residential properties. The reason that commercial and residential real estate are generally considered to be separate areas of legal practice lies with the different and often highly specific needs of the two different types of purchasers. In commercial transactions, it is not enough merely to obtain clear title to the property; the commercial buyer usually has a specific business use in mind and must make certain that the property in question is suitable not only in terms of size and location, but also with regard to environmental concerns, zoning and other land use-regulations, the adaptability of any buildings on the land to the proposed use, and often the property's ability to generate income. These issues are of lesser relevance in residential real estate transactions.

Read More

Environmental Law Case Summaries

[12/05] Monterey Coastkeeper v. Monterey County Water Resources Agency
Reversing a judgment granting the petition for writ of mandate in the case of a nonprofit organization alleging that the Monterey County Water Resources Agency had violated the Porter-Cologne Water Quality Control Act by failing to report waste discharge with respect to agricultural pollutants in a ditch and drain system because the nonprofit failed to exhaust its administrative remedies.

[12/04] Evans v. US
Affirming the dismissal of a case in which a man complained about the destruction of his shade trees by the government, seeking to contain a beetle infestation, because the act qualified for sovereign immunity under the discretionary function exception.

[12/04] Center for Biological Diversity v. California Department of Fish and Wildlife
Affirming the judgment on an appeal from the post-remand judgment of a case involving highly contested proposed development plans because the Public Resources Code does not prohibit partial decertification of an environmental impact report, nor does it prohibit leaving project approvals in place while decertifying a report..

[12/04] Navajo Nation v. Department of the Interior
Affirming in part and reversing in part the district court's dismissal of a Navajo Nation complaint and motion for relief challenging the Department of the Interior's published guidelines clarifying how it would make shortage and surplus determinations used in relation to decisions to deliver water from the Colorado River to Western states, affirming the dismissal of claims for lack of Article III standing because it wasn't reasonably probable that the guidelines would threaten the Nation's rights, but remanding breach of trust claims because they were not barred by sovereign immunity.

Read More

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.