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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
Assn. of Irritated Residents v. Kern County Board etc.
Kern County must reconsider its determination that the ICCTA preempts a CEQA environmental impact report relating to proposed railway project linking to petroleum refinery. 		Environmental Law 5DCA Nov. 24, 2017
Washoe Meadows Community v. California Department of Parks and Recreation et al.
An agency's draft environmental impact report does not provide public with an accurate, stable, and finite project description on which to comment where report describes five alternative projects under consideration. 		Environmental Law 1DCA/5 Nov. 17, 2017
Cleveland National Forest Foundation v. San Diego Association of Governments
'Cleveland I' partially overturned to extent it found SANDAG's EIR greenhouse gas analysis inadequate, in conformance with California Supreme Court's decision in 'Cleveland II' and over SANDAG's mootness argument. 		Environmental Law 4DCA/1 Nov. 17, 2017
Ecological Rights Foundation v. Pacific Gas & Electric Company
RCRA's anti-duplication provision does not apply where no specific statutory requirements relating to stormwater discharge were imposed under Clean Water Act 		Environmental Law 9th Nov. 3, 2017
Modification: 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 Oct. 20, 2017
Modification: 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/1 Oct. 19, 2017
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
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