AIR QUALITY PERMIT: DEQ did not conduct adequate environmental review of natural gas power plant before issuing permit, should have considered greenhouse gas, analysis of lighting impacts deficient, but rather than vacatur of permit remanded for further evaluation of environmental impacts… Moses affirmed, reversed. [Read more…]
Unauthorized practice, LLC member for LLC
UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]
Insurance, townhouse developer, contractor’s policy
INSURANCE: Townhouse developer was not additional insured under contractor’s CGL policy… failure to pay landscaper relates to breach of contract, not “bodily injury,” “property damage,” or “personal & advertising injury” which might be imputed to developer… no duty to defend/indemnity developer for claims arising out of his failure to pay subcontractors… Menahan. [Read more…]
County road abandonment, landowners’ abutment
COUNTY ROAD ABANDONMENT: Decision to abandon part of road over landowners’ protest properly found on petition for writ of review to be supported by substantial evidence that road did not abut Plaintiffs’ property… Wald affirmed. [Read more…]