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Kalnel Gardens LLC v. City of Los Angeles
Developer unsuccessful in overturning city's rejection of proposed Venice housing project that violates California Coastal Act.
Environmental Law Oct. 2, 2016
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 wins reversal due to appellate court's error in applying new project test.
Environmental Law Sep. 19, 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 Sep. 13, 2016
California Building Industry Association v. Bay Area Air Quality Management District
Air quality management district does not have to conduct environmental review before publishing new thresholds for determining impacts of future projects.
Environmental Law Sep. 12, 2016
Bahr v. U.S. EPA
Completed measures to meet national primary ambient air quality standards do not constitute contingency measures for to 'make further progress' under Clean Air Act.
Environmental Law Sep. 12, 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 Sep. 5, 2016
Bay Area Clean Environment Inc. v. Santa Clara County (Lehigh Southwest Cement Co.)
Challenge to county's approval of reclamation plan amendment relating to surface mining operation unavailing, as county complied with applicable environmental laws.
Environmental Law Sep. 1, 2016
Coastal Hills Rural Preservation v. County of Sonoma (Petranker)
Existing tents built as part of printing facilities approved with a mitigated negative declaration not "new projects" under CEQA.
Environmental Law Sep. 1, 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 Aug. 29, 2016
Center for Biological Diversity v. Bureau of Land Management
Incidental take statements do not apply to plant species under Environmental Act as a 'take;' can only apply to fish and wildlife.
Environmental Law Aug. 17, 2016
Friends of the Willow Glen Trestle v. City of San Jose
In case challenging city's determination that wooden railroad bridge is not 'historical resource,' application of incorrect standard of judicial review results in reversal and remand.
Environmental Law Aug. 16, 2016
California Building Industry Association v. Bay Area Air Quality Management District
Receptor thresholds adopted by Bay Area air quality public agency not permissible as 'matter of course' in evaluating proposed receptor projects.
Environmental Law Aug. 16, 2016
Communities for a Better Environment v. Bay Area Air Quality Management District (Kinder Morgan Material Services LLC)
Action properly dismissed because discovery rule does not postpone running of statute of limitations under Public Resources Code Section 21167(d).
Environmental Law Aug. 12, 2016
Center for Biological Diversity v. Dept. of Fish and Wildlife
Historical practice, legislative guidance, and practicality suggests that trial court should supervise any writs of mandate issued regarding CEQA compliance in 'Newhall' matter.
Environmental Law Aug. 11, 2016
Glacier Fish Co. v. Pritzker
Cather-processor coop permit constitutes limited access privilege, allowing NMFS to levy fee as part of cost recovery program against corporate members of conservation cooperative.
Environmental Law Aug. 11, 2016
Pakootas v. Teck Cominco Metals Ltd.
Smelter not liable for CERCLA cleanup costs to remedy natural resources damages caused by 'aerial depositions' of hazardous substances near US-Canada border.
Environmental Law Jul. 28, 2016
Walters v. City of Redondo Beach
Proposed car wash falls into category of projects exempted from California Environmental Quality Act, presenting no unusual circumstances to area as defined by exemption exceptions.
Environmental Law Jul. 22, 2016
Communities for a Better Environment et al. v. Bay Area Quality Management District (Kinder Morgan Material Services LLC)
Action properly dismissed because discovery rule does not postpone running of statute of limitations under Public Resources Code Section 21167(d).
Environmental Law Jul. 20, 2016
Natural Resources Defense Council et al v. Pritzker et al
National Marine Fisheries Service fails to implement proper regulations in authorizing take on marine mammal populations as mandated by federal regulations.
Environmental Law Jul. 18, 2016
Joshua Tree Downtown Business Alliance v. County of San Bernardino (Dynamic Development LLC)
San Bernardino County's approval of Joshua Tree Dollar General Store improperly set aside where project opponents failed to establish any CEQA violation.
Environmental Law Jul. 14, 2016
Center for Biological Diversity v. Dept. of Fish and Wildlife
Historical practice, legislative guidance, and practicality suggests that trial court should supervise any writs of mandate issued regarding CEQA compliance in 'Newhall' matter.
Environmental Law Jul. 13, 2016
California Sea Urchin Commission v. Bean
Commercial fishing groups may maintain action against U.S. Fish and Wildlife Service challenging the agency's 2012 action terminating the sea otter translocation program.
Environmental Law Jul. 13, 2016
Bay Area Citizens v. Assn. Bay Area Gov.
Relevant agencies correctly declined to count statewide emissions reductions in developing their regional plan because doing so would be inconsistent with statute.
Environmental Law Jul. 5, 2016
Naraghi Lakes Neighborhood Preservation Association v. City of Modesto (Berberian Holdings L.P.)
Proponent fails in challenging city's approval of shopping center due to its size because project, though sizable, was nevertheless compatible with general plan's policies.
Environmental Law Jul. 5, 2016
Idaho Conversation League v. BPA
Return to previous system of fluctuating water levels does not violate NEPA because it does not constitute major change.
Environmental Law Jun. 21, 2016
Ukiah Citizens for Safety First v. City of Ukiah
City of Ukiah's certification of environmental impact report over proposed Costco warehouse and gas station premature given deficiencies concerning energy impacts.
Environmental Law Jun. 21, 2016
People for Proper Planning v. City of Palm Springs
Nonprofit group prevails in challenge to city's approval of resolution amending city's general plan to remove minimum density requirements for residential developments.
Environmental Law Jun. 20, 2016
Whittaker Corp. v. United States
Munitions company's CERCLA recovery action improperly dismissed where expenses it sought to recover were separate from those for which it was found liable in underlying action.
Environmental Law Jun. 13, 2016
Backcountry Against Dumps v. Jewell
Environmental groups unsuccessful in action challenging Bureau of Land Management's grant of right-of-way on federal lands for construction of wind energy project.
Environmental Law Jun. 7, 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 May 26, 2016