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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Jensen v. City of Santa Rosa
City not required to conduct an CEQA analysis where complaining parties unable to substantiate their noise impact claims. 		Environmental Law 1DCA/4 May 30, 2018
California Dept. of Toxic Substances Control v. Westside Delivery
Purchaser of tax-defaulted, contaminated facility is in 'contractual relationship' with prior owner for purposes of CERCLA's third-party affirmative defense. 		Environmental Law 9th Apr. 30, 2018
Monsanto Co. v. Office of Environmental Health Hazard Assessment
A state's reliance on a branch of the World Health Organization's expertise was not an unconstitutional delegation of authority, so pesticide manufacturer's argument was unable to prevent having its pesticide listed under California's Proposition 65. 		Environmental Law 5DCA Apr. 23, 2018
Rodeo Citizens Assn. v. County of Contra Costa
Refinery project proposal's description was accurate, since substantial evidence indicated that the project complied with the requirement under CEQA 		Environmental Law 1DCA/3 Apr. 16, 2018
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. 		Environmental Law 9th Apr. 10, 2018
National Wildlife Federation v. National Marine Fisheries Service
Injunctions affirmed in part where plaintiff effectively shows that it is 'likely to suffer irreparable harm' in absence of injunction. 		Environmental Law 9th Apr. 3, 2018
Amended Opinion: Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. 		Environmental Law 9th Apr. 2, 2018
Greenfield v. Mandalay Shores Community Assn.
'Development,' as used within California Coastal Act, is defined broadly, extends to homeowner's association's short-term rental ban, supports preliminary injunction. 		Environmental Law 2DCA/6 Mar. 29, 2018
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ 		Environmental Law 2DCA/7 Mar. 26, 2018
Amended Opinion: 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 Mar. 21, 2018
Amended Opinion: 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 Mar. 8, 2018
California Sea Urchin Commission v. Bean
U.S. Fish and Wildlife Service's cessation of sea otter relocation program in harmony with goals of the Endangered Species Act reasonable under 'Chevron' 		Environmental Law 9th Mar. 2, 2018
Aptos Residents Association v. County of Santa Cruz
Project involving 13 small, scattered microcell transmitters properly deemed as within categorical exemption to CEQA environmental review requirements. 		Environmental Law 6DCA Mar. 1, 2018
Native Ecosystems Council v. Marten
Dissolution of injunction affirmed where agency descriptions in its Environmental Impact Statement show that agency took hard look at project. 		Environmental Law 9th Feb. 23, 2018
Modification: City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. 		Environmental Law 1DCA/4 Feb. 8, 2018
John R. Lawson Rock & Oil, Inc. v. State Air Resources Board
The timing requirement necessitates that a public agency may not approve a project prior to full compliance with CEQA 		Environmental Law 5DCA Feb. 5, 2018
Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. 		Environmental Law 9th Feb. 5, 2018
Visalia Retail, LP v. City of Visalia
Contention that land use limit on retail store size would result in urban decay does not support fair argument that significant effects on the environment will result. 		Environmental Law 5DCA Feb. 1, 2018
Communities for Better Environment v. State Energy Resources Conservation and Development Commission
Where request for declaratory judgment as to constitutionality of narrow judicial review provisions does not depend on particular factual basis, dismissal on ripeness grounds inappropriate. 		Environmental Law 1DCA/4 Jan. 24, 2018
National Association of Manufacturers v. Department of Defense
Rule defining terms of Clean Water Act not within category requiring challenges to effluent limitation rules be brought in federal appellate court. 		Environmental Law USSC Jan. 23, 2018
City of Long Beach v. City of Los Angeles
Under the California Environmental Quality Act, an environmental impact report must analyze reasonably foreseeable indirect physical changes in the environment which may be caused by a construction project. 		Environmental Law 1DCA/3 Jan. 17, 2018
Heron Bay Homeowners Association v. City of San Leandro
Not abuse of discretion to award attorney fees under public interest litigation statute where plaintiffs brought suit arguably for private financial interest. 		Environmental Law 1DCA/4 Jan. 16, 2018
City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. 		Environmental Law 1DCA/4 Jan. 10, 2018
Central Coast Forest Association v. Fish and Game Commission
Judgment overturning Fish and Game Commission decision denying petition to remove species from endangered species list reversed on remand where unrefuted evidence supports commission's decision. 		Environmental Law 3DCA Jan. 8, 2018
Turtle Island Restoration Network v. United States Department of Commerce
Issuance of special purpose permit authorizing incidental killing of migratory birds through commercial activity reversed where 'compelling justification' does not conform with regulation's plain language or with conservation intent. 		Environmental Law 9th Dec. 29, 2017
In re A Community Voice
The EPA must promulgate a rule when it grants a rulemaking petition, it owes a duty to act, and delay is unreasonable under the six 'TRAC' factors. 		Environmental Law 9th Dec. 28, 2017
Los Angeles Conservancy v. City of West Hollywood
'Absolute perfection' is not required in an Environmental Impact Report's analysis involving alternatives to the destruction of a building eligible for listing in the Register of Historical Places. 		Environmental Law 2DCA/1 Dec. 27, 2017
Havasupai Tribe v. Provencio
Where government approves mine as 'undertaking' under National Historic Preservation Act, it is not new 'undertaking' requiring similar review when stalled mine later seeks to resume active operations. 		Environmental Law 9th Dec. 13, 2017
Center for Biological Diversity et al. v. California Department of Fish and Wildlife
A court's partial decertification of an environmental impact report, including leaving some project approvals in place, is permissible under the California Environmental Quality Act. 		Environmental Law 2DCA/5 Dec. 6, 2017
U.S. v. Robertson
Wetlands with a nexus to navigable waters fall within the jurisdiction of the Clean Water Act. 		Environmental Law 9th Nov. 28, 2017
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