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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
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
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
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
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
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
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
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
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
Idaho Wool Growers Association v. Vilsack
Any error by U.S. Forest Service in failing to consult was harmless; Forest Service did not otherwise act arbitrarily or capriciously, or abuse its discretion.
Environmental Law Mar. 3, 2016
State of Arizona ex rel. Darwin v. United States EPA
EPA did not act arbitrarily and capriciously in partially disapproving Arizona's 'State Implementation Plan' for reducing power plant emissions and in promulgating replacement federal plan.
Environmental Law Feb. 25, 2016
Center for Biological Diversity v. Cal. Dept. Fish & Wildlife (The Newhall Land and Farming Co.)
Department of Fish & Wildlife abuses its discretion by making a determination without the support of substantial evidence regarding proposed development's greenhouse gas emissions.
Environmental Law Feb. 19, 2016
Highland Springs Conference and Training Center v. City of Banning (SCC Acquisitions Inc.)
Court errs in denying plaintiff's motion to amend judgment to add additional judgment debtor on alter ego theory by erroneously presuming additional party was prejudiced by delayed filing.
Environmental Law Jan. 28, 2016
Pacific Shores Property Owners Association v. Dept. of Fish and Wildlife
Department of Fish and Wildlife liable in inverse condemnation for intentional flooding and reduction of levels of flood protection historically provided to property owners.
Environmental Law Jan. 22, 2016
North Coast Rivers Alliance v. Kawamura
The California Dept. of Food and Agriculture's failure to address control of invasive moth species violated CEQA, requiring reversal of favorable judgment.
Environmental Law Jan. 5, 2016
California Building Industry Association v. Bay Area Air Quality Management District
CEQA generally does not require analysis of how existing environmental conditions will impact future residents or users of proposed project.
Environmental Law Dec. 18, 2015
Cascadia Wildlands v. Thrailkill
Environmental groups' concern over spotted owl fails to stop efforts to salvage burned acreage caused by Douglas Fire Complex in Oregon Mountains.
Environmental Law Dec. 4, 2015