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Modification: Protect Telegraph Hill v. City and County of San Francisco
Neighborhood group unsuccessful in challenging approval for condominium development project on San Francisco's famed Telegraph Hill.
Environmental Law 1DCA/3 Oct. 18, 2017
Protect Telegraph Hill v. City and County of San Francisco
Neighborhood group unsuccessful in challenging approval for condominium development project on San Francisco's famed Telegraph Hill.
Environmental Law 1DCA/3 Oct. 17, 2017
Placerville Historic Preservation League v. Judicial Council of California (County of El Dorado)
Neighborhood group unsuccessful in challenging relocation of courthouse facilities from historic downtown to new location on outskirts of city.
Environmental Law 1DCA/2 Oct. 17, 2017
TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used.
Environmental Law 9th Oct. 5, 2017
Sturgeon v. Frost
Federal regulation over river that is public land supersedes state regulation where 'United States has…implied reservation of water rights.'
Environmental Law 9th Oct. 3, 2017
Living Rivers Council v. State Water Resources Control Board
Policy using uncertainty and likelihood of environmental effect to conclude that mitigation measure is infeasible appropriate where likelihood and uncertainty help determine mitigation measure’s success.
Environmental Law 1DCA/5 Oct. 2, 2017
Otay Land Co. LLC v. U.E. Limited L.P.
Property owners may seek indemnity from former owners for cleanup costs to property formerly operated as shooting range under Carpenter-Presley-Tanner Hazardous Substances Account Act.
Environmental Law 4DCA/1 Sep. 27, 2017
Pesticide Action Network North America v. California Dept. of Pesticide Regulation (Valent U.S.A. Corp.)
California Department of Pesticide Regulation’s failure to comply with CEQA’s substantive requirements in approving amended labels for pesticides requires rescission of approval.
Environmental Law 1DCA/3 Sep. 21, 2017
Respect Life South San Francisco v. City of South San Francisco (Planned Parenthood Mar Monte Inc.)
Group’s strong opposition against anticipated tenant insufficient to overturn city’s determination that proposed project falls within CEQA exemptions.
Environmental Law 1DCA/1 Sep. 20, 2017
Wild Wilderness v. Allen
Group representing non-motorized recreationalists unsuccessful in challenging Forest Service’s approval of parking lot in Deschutes National Forest.
Environmental Law 9th Sep. 11, 2017
Sierra Club v. Pruitt
States fail to overturn approval of settlement reached by Sierra Club and EPA regarding promulgation of air quality standards.
Environmental Law 9th Aug. 29, 2017
The Highway 68 Coalition v. County of Monterey (Omni Resources LLC)
Plaintiff unsuccessful in challenging adverse rulings following challenge to county’s approval of shopping center project.
Environmental Law 6DCA Aug. 28, 2017
Modification: Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs.
Environmental Law 4DCA/1 Aug. 28, 2017
Center for Biological Diversity v. Mattis
Plaintiffs challenging approval of military base in Japan successful in reversing motion to dismiss, where court errs in concluding they lack standing or that claim involves political question.
Environmental Law 9th Aug. 22, 2017
Modification: Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed.
Environmental Law 4DCA/2 Aug. 18, 2017
Asarco LLC v. Atlantic Richfield Co.
Ninth Circuit provides clarity to CERCLA contribution action by addressing three issues of first impression and reverses dismissal of contribution action involving East Helena Superfund Site.
Environmental Law 9th Aug. 11, 2017
Surfrider Foundation v. Martins Beach 1 LLC
In action challenging closure of public access to beach, landowners unsuccessful in challenging adverse rulings.
Environmental Law 1DCA/5 Aug. 11, 2017
Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed.
Environmental Law 4DCA/2 Aug. 10, 2017
Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs.
Environmental Law California Courts of Appeal Aug. 7, 2017
Alliance for the Wild Rockies v. Pena
Forest project opponent properly denied preliminary injunction where plaintiff failed to demonstrate ‘serious questions’ on its environmental claims under sliding scale variant of ‘Winters’ standard.
Environmental Law 9th Aug. 2, 2017
Cleveland National Forest Foundation v. San Diego Association of Governments
Regional planning agency does not abuse discretion by declining to include analysis of plan’s consistency with greenhouse gas emission goals set forth in governor’s executive order.
Environmental Law CASC Jul. 14, 2017
Ground Zero Center for Nonviolent Action v. United States Dept. of the Navy
In suit challenging expansion of nuclear operating center, summary judgment in Navy’s favor upheld but ‘gag order’ vacated and remanded.
Environmental Law 9th Jun. 28, 2017
Orange County Water District v. Alcoa Global Fasteners Inc.
In action seeking recovery of costs associated with remediating groundwater contamination, water district unsuccessful except as to one alleged polluter.
Environmental Law Jun. 4, 2017
Orange County Water District v. MAG Aerospace Industries Inc.
Motion for judgment properly granted against water district although trial court applied wrong causation standard where error was harmless.
Environmental Law Jun. 4, 2017
Coastal Environmental Rights Foundation v. California Regional Water Quality Control Board
Plaintiff unsuccessful in challenging regional water quality control board's approval of fireworks permit over region's surface waters.
Environmental Law Jun. 2, 2017
POET LLC v. State Air Resources Board
On rehearing, appellate court echoes prior holding finding Air Resources Board's purported compliance with operative writ deficient and emphasizes appropriate remedy following erroneously discharged writ.
Environmental Law Jun. 1, 2017
Natural Resources Defense Council v. U.S. Environmental Protection Agency
EPA's grant of conditional registration for pesticide that uses nanosilver as active ingredient vacated because it fails to satisfy FIFRA's public-interest requirement.
Environmental Law May 31, 2017
Association of Irritated Residents v. Dept. of Conservation (Aera Energy LLC)
Environmental groups challenging approval of new oil wells victorious in reversing judgment, where trial court errs in sustaining demurrer on grounds of res judicata.
Environmental Law May 30, 2017
Friends of Outlet Creek v. Mendocino County
Environmental advocates may bring suit against air quality district under CEQA directly; need not employ administrative mandamus section.
Environmental Law May 30, 2017
In re Big Thorne Project and 2008 Tongass Forest Plan
Forest Service's approval of logging project in Alaska does not violate National Forest Management Act, dealing blow to environmental groups advocating for rare indigenous wolves.
Environmental Law May 24, 2017