Three Cases Await Decisions

Filings are now complete in the three currently pending HSR cases:

The Sacramento Superior Court, Department 31, will hold a hearing on Friday, February 14 on the Defendant’s Motion for Judgment on the Pleadings. (See bottom of
page for filings.)

The Court of Appeal has a
Petition for Extraordinary Writ (initially filed with the Supreme Court) before it. A Preliminary Opposition was filed by the Tos Plaintiffs and Kern County. The Court of Appeal will decide in the near future whether to call for further briefing or dismiss the petition.

And finally, the Court of Appeal is also considering the issue of
federal preemption of CEQA raised by the HSR Authority. Oral argument will be held, either prior to or consolidated with its hearing on the appeal of Atherton II.