Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S214855
|
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 | |
14-15836
|
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 | |
H041563
|
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 | |
A135335
|
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 | |
A143634
|
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 | |
B245131
|
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 | |
15-35103
|
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 | |
15-35228
|
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 | |
B258638
|
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 | |
A143634
|
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 | |
14-16375
|
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 | |
E062479
|
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 | |
B245131
|
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 | |
14-55580
|
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 | |
A143058
|
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 | |
F071768
|
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 | |
12-70338
|
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 | |
A145581
|
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 | |
E062725
|
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 | |
14-55385
|
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 | |
14-55666
|
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 | |
13-36078
|
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 | |
E062725
|
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 |
|
May 23, 2016 | |
G051058
|
Center for Biological Diversity et al. v. County of San Bernardino et al. (Cadiz Inc. et al.)
Environmental groups unsuccessful in challenging, via petition for writ of mandate, approval of project to pump fresh groundwater from Mojave Desert aquifer. |
Environmental Law |
|
May 20, 2016 | |
G050858
|
Delaware Tetra Technologies Inc. v. County of San Bernardino (Santa Margarita Water District)
County of San Bernardino need not conduct full CEQA environmental review before executing memorandum of understanding over proposed project concerning underground aquifer in Mojave Desert. |
Environmental Law |
|
May 11, 2016 | |
G051058
|
Center for Biological Diversity et al. v. County of San Bernardino et al. (Cadiz Inc. et al.)
Environmental groups unsuccessful in challenging, via petition for writ of mandate, approval of project to pump fresh groundwater from Mojave Desert aquifer. |
Environmental Law |
|
May 11, 2016 | |
12-57234
|
San Diego Navy Broadway Complex Coalition v. United States Dept. of Defense
Navy properly considered environmental consequences of redevelopment project in downtown San Diego, fulfilling their obligations under the National Environmental Policy Act. |
Environmental Law |
|
Mar. 31, 2016 | |
14-1209
|
Sturgeon v. Frost
Ninth Circuit's erroneous interpretation of the Alaska National Interest Lands Conservation Act warrants reversal of ruling concerning National Park Service's ban on hovercraft use. |
Environmental Law |
|
Mar. 23, 2016 | |
D066635
|
Preserve Poway v. City of Poway (Rogers)
'Community character' issue surrounding closure of well-established horse boarding facility in Poway is not cognizable under CEQA. |
Environmental Law |
|
Mar. 10, 2016 | |
15-35392
|
Shell Offshore Inc. v. Greenpeace Inc.
Greenpeace's appeal of preliminary injunction against it restricting its protests of Shell's oil exploration activities dismissed as moot due to injunction's expiration. |
Environmental Law |
|
Mar. 7, 2016 |