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Defenders of Wildlife v. Zinke
Summary judgment properly granted in federal defendants' favor in action challenging approval of right-of-way over federal land based on possible impact on desert tortoise.
Environmental Law May 19, 2017
Alliance for the Wild Rockies v. Bradford
Plaintiffs unsuccessful in challenging U.S. Forest Service's construction of 4.7 miles of new roads in Montana forest, where new roads do not violate forest plan.
Environmental Law May 18, 2017
Friends of the College of San Mateo Gardens v. San Mateo County Community College District
In CEQA action challenging approval of facilities improvement plan, community college district's use of addendum contravenes CEQA's subsequent review provisions.
Environmental Law May 9, 2017
Wildwest Institute v. Kurth
U.S. Fish and Wildlife Service's 'warranted but precluded' finding over the whitebark pine, a species in danger of extinction, satisfies Endangered Species Act.
Environmental Law May 1, 2017
Aptos Council v. County of Santa Cruz
Ordinances changing county zoning, sign, and hotel standards not project requiring single environmental impact report, as changes serve different purposes and are implemented independently.
Environmental Law Apr. 26, 2017
Sierra Club v. County of Sonoma (Ohlson)
Requirements of Sonoma ordinance governing grading permits pertaining to specific vineyard application are objective, rendering issuance of permit 'ministerial' and exempt from CEQA review.
Environmental Law Apr. 25, 2017
Southern California Alliance of Publicly Owned Treatment Works v. EPA
Petition for review denied, where court lacks jurisdiction under Clean Water Act to review EPA's objection letter regarding draft permits for water reclamation plants.
Environmental Law Apr. 13, 2017
POET LLC v. State Air Resources Board
Air Resources Board's purported compliance with operative writ falls short for use of improper NOx emissions baseline due to flawed understanding of 'project' under CEQA.
Environmental Law Apr. 12, 2017
California Chamber of Commerce v. State Air Resources Board
Challenges to California's cap-and-trade program rejected, where implementing regulations do not exceed scope of legislative delegation and auctions do not equate to a tax.
Environmental Law Apr. 10, 2017
State of Arizona ex rel Darwin v. EPA
Party must raise Clean Air Act federal implementation plan concerns with the EPA before bringing suit over them.
Environmental Law Apr. 4, 2017
Banning Ranch Conservancy v. City of Newport Beach (Newport Banning Ranch LLC)
City abuses its discretion in certifying inadequate environmental impact report related to coastal development project, resulting in relief to group challenging project's approval.
Environmental Law Mar. 31, 2017
Aptos Council v. County of Santa Cruz
Ordinances changing county zoning, sing, and hotel standards not project requiring single environmental impact report, as changes serve different purposes and are implemented independently.
Environmental Law Mar. 31, 2017
Yazzie v. U.S.E.P.A.
Petitions seeking review of EPA's Federal Implementation Plan under Clean Air Act for coal-fired power plant denied, where EPA did not act arbitrarily and capriciously.
Environmental Law Mar. 21, 2017
Residents Against Specific Plan 380 v. County of Riverside (Hanna Marital Trust)
Challenge to county's approval of development project unavailing, where there is no merit to claims it abused its discretion under California Environmental Quality Act.
Environmental Law Mar. 17, 2017
Center for Biological Diversity v. EPA
In citizen suit alleging EPA failed to comply with Endangered Species Act consultation requirement regarding pesticides, dismissal reversed as to one category of sub-claims.
Environmental Law Feb. 3, 2017
Great Basin Resource Watch v. Bureau of Land Management
Bureau of Land Management's air impacts analysis of proposed molybdenum mining project in Nevada violates National Environmental Policy Act.
Environmental Law Dec. 28, 2016
Helping Hand Tools v. USEPA
EPA grant of PSD to project intended to burn surplus lumber for heating purposes appropriate as use of solar power or increased natural gas would 'redefine' project.
Environmental Law Dec. 26, 2016
The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency (Mitchell Engineering)
Substantial evidence supports City and County of San Francisco's determination that no further environmental impact report was required to complete 'T-Line Loop' light rail project.
Environmental Law Dec. 26, 2016
San Diegans for Open Government v. City of San Diego (Sunroad Enterprises)
Challengers of development project not entitled to appeal substantial conformance review decision to city council.
Environmental Law Dec. 18, 2016
East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village LLC)
City of Sacramento's certification and approval of residential project overturned where environmental impact report was deficient on issue of traffic impacts.
Environmental Law Dec. 7, 2016
Japanese Village v. FTA
Consideration and implementation of temporary relocation among other noise and vibration mitigation measures during light rail construction meets mitigation burden established under NEPA.
Environmental Law Dec. 6, 2016
Mission Bay Alliance v. Office of Community Investment
Changes due to impact of stadium plan for Golden State Warriors in line with predictions made in 1998 environmental impact report or meet general CEQA guidelines.
Environmental Law Nov. 30, 2016
Dept. of Finance v. Commission on State Mandates (County of Los Angeles)
State permitting conditions relating to storm drain systems are not federally mandated; as such, local government agencies entitled to reimbursement from state for associated costs.
Environmental Law Nov. 20, 2016
East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village LLC)
City of Sacramento's certification and approval of residential project overturned where environmental impact report was deficient on issue of traffic impacts.
Environmental Law Nov. 8, 2016
Sierra Club v. TRPA
Environmental impact analysis of planning update adopted by Tahoe Regional Planning Agency may be region-wide, localized impact considerations not required.
Environmental Law Nov. 2, 2016
NRDC, et al v. County of Los Angeles, et al
New storm-water runoff permit with safe harbor provision does not moot injunctive relief previously rendered against violators of previous permit; complexity and expense of new permit's requirements makes future violations reasonably likely to recur.
Environmental Law Oct. 31, 2016
Alaska Oil and Gas Ass’n v. Pritzker
NMFS listing of polar seal population as endangered species based on predictive 100-year model of climate change not an 'arbitrary and capricious' decision.
Environmental Law Oct. 24, 2016
ONDA v. Jewell
Challengers to wind turbine project in Oregon win partial victory due to failure to consider project's impact on sage grouse bird during winter months.
Environmental Law Oct. 20, 2016
Union of Medical Marijuana Patients Inc. v. City of San Diego (California Coastal Commission)
City's ordinance regulating medical marijuana businesses is not 'project' within meaning of CEQA; therefore, city properly determined environmental analysis not required before enactment.
Environmental Law Oct. 16, 2016
Citizens for Ceres v. City of Ceres
Recovery of cost of preparing administrative record in CEQA action not limited to city, where real party in interest is also prevailing party under statute.
Environmental Law Oct. 4, 2016