May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

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Quote of the Day - That's the thing about Mother Nature, she really doesn't care what economic bracket you're in. - Whoopi Goldberg
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It Doesn't Pay to Fool Mother Nature

Underutilized and its potential likewise unrealized, the Polanco Act offers a wonderful opportunity to California counties and cities.

The Act allows a redevelopment agency to clean up environmentally contaminated property. The cost is borne by previous owners and operators of the property. Once clean, the agency can "immunize" the property against further liability arising out of the contamination.

Obtaining an essential interpretation, The Redevelopment Agency of San Diego sued San Diego Gas & Electric to force payment of the cleanup costs for contaminated land. SDG&E claimed that RASD didn't have standing because it had not suffered any injury.

The Appellate Court disagreed and determined that the statute didn't require RASD to suffer injury, but instead furthered public policy of restoring contaminated land to a beneficial use.

Hats off to my friend, Richard Opper for a fine job!

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Saturday, August 30, 2003 at 10:05 Comments Closed (0) |
 
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