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Paulek v. Western Riverside County Regional Conservation Authority (Anheuser-Busch LLC)
Removal of conservation overlay is a 'project' under CEQA and is not subject to Class 7 or Class 8 exemptions under the Act.
Environmental Law Jul. 19, 2015
ASARCO v. Celanese Chemical Co.
Smelter company's contribution claims under CERCLA Section 113 time-barred under three year statute of limitations.
Environmental Law Jul. 12, 2015
City of Irvine v. County of Orange
County's thorough 'supplemental' environmental impact report, addressing changes since original, 1996 report, suffices for jail expansion project; new impact report not necessary.
Environmental Law Jul. 7, 2015
Building Industry Assoc. v. U.S. Department of Commerce
National Marine Fisheries Service does not have to apply a specific balancing methodology under Section 4(b)(2) of the Endangered Species Act.
Environmental Law Jul. 7, 2015
Alaska Eskimo Whaling Comm'n v. E.P.A.
Limitations on judicial review of administrative agencies instructs court to remand issuance of waste dump permit to EPA.
Environmental Law Jun. 29, 2015
Bear Valley Mutual Water Co. v. Jewell
Fish and Wildlife Service does not act arbitrarily and capriciously by designating conserved lands as critical habitat after previously excluding it.
Environmental Law Jun. 25, 2015
Association of Irritated Residents v. U.S. Environmental Protection Agency
EPA may retroactively amend its prior approval of New Source Review rules as authorized under Section 110(k)(6) of the Clean Air Act.
Environmental Law Jun. 23, 2015
WildEarth Guardians v. Montana Snowmobile Association
U.S. Forest Service must revisit approval of plan designating portion of Beaverhead-Deerlodge National Forest for snowmobile use and allow public in decisionmaking process and implementation.
Environmental Law Jun. 22, 2015
Cottonwood Environmental Law Center v. U.S. Forest Service
There is no presumption of 'irreparable injury' to justify injunctive relief in Endangered Species Act procedural violation cases.
Environmental Law Jun. 17, 2015
Paulek v. Western Riverside County Regional Conservation Authority (Anheuser-Busch LLC)
Removal of conservation overlay is a 'project' under CEQA and is not subject to Class 7 or Class 8 exemptions under the Act.
Environmental Law Jun. 17, 2015
Alaska Wilderness League v. Jewell
Bureau of Safety and Environmental Enforcement not required to consult under Endangered Species Act prior to approving Shell's oil spill response plans.
Environmental Law Jun. 11, 2015
National Parks Conservation Association v. U.S. Environmental Protection Agency
EPA's 'BART' determinations to reduce nitrous oxide emissions at Montana plant are lacking in explanation and are, thus, arbitrary and capricious.
Environmental Law Jun. 9, 2015
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Fact that proposed project may have significant environmental effect does not constitute 'unusual circumstances' that precluded application of exemptions from CEQA review.
Environmental Law May 28, 2015
Quantification Settlement Agreement Cases
At the request of litigants, court dismisses appeals of Imperial County agencies in protracted Salton Sea dispute.
Environmental Law May 27, 2015
Sierra Club v. Bureau of Land Management
Private wind project did not trigger Bureau of Land Management's duty to consult under the Environmental Species Act's consultation requirement.
Environmental Law May 27, 2015
Banning Ranch Conservancy v. City of Newport Beach
Newport Beach does not violate its general plan by approving development of a coastal property based on its alleged failure to follow vague and ambiguous policy.
Environmental Law May 21, 2015
Comm. for a Better Arvin v. EPA
"Waiver measures" relating to California's air quality standards should be specifically incorporated in State Implementation Plans before such plans can meet EPA approval.
Environmental Law May 20, 2015
El Comité para el Bienestar de Earlimart v. EPA
EPA's interpretation of ambiguous figures in California's Pesticide Element relating to VOC emissions reductions is reasonable.
Environmental Law May 10, 2015
Keep Our Mountains Quiet v. Co. of Santa Clara
Where substantial evidence support fair argument that proposed events might have significant environmental impacts, environmental impact report should be issued.
Environmental Law May 7, 2015
Cal. Dump Truck Owners Ass'n v. Mary Nichols
Challenges to EPA-approved state implementation plans must be brought in federal appellate courts.
Environmental Law Apr. 27, 2015
Friends of Oceano Dunes Inc. San Luis Obispo County Air Pollution Control District
Trial court stretches ‘contrivance’ to describe a state park in allowing San Luis Obispo Air Pollution Control District to regulate air emissions from park.
Environmental Law Apr. 23, 2015
Save Our Uniquely Rural Community Environment v. County of San Bernardino (Al-Nur Islamic Center)
Reduction of attorney fees is not abuse of discretion where court has legitimate reasons for finding award ‘outrageous.’
Environmental Law Apr. 13, 2015
Friends of Oceano Dunes Inc. San Luis Obispo County Air Pollution Control District
Trial court stretches ‘contrivance’ to describe a state park in allowing San Luis Obispo Air Pollution Control District to regulate air emissions from park.
Environmental Law Apr. 6, 2015
Ameripride Serv. v. Texas Eastern Overseas
CERCLA’s ‘equitable factors’ language means courts are not required to follow any particular approach as to settlements involving fewer than all jointly-and-severally liable tortfeasors.
Environmental Law Apr. 2, 2015
Conway v. State Water Resources Control Bd.
Water pollution control measurement method falls safely within state board’s broad discretion.
Environmental Law Mar. 30, 2015
NRDC v. EPA
EPA’s interpretation of its authority under Section 172(e) of the Clean Air Act to approve state pollution controls reasonable.
Environmental Law Mar. 11, 2015
Cal. Dump Truck Owners Ass'n v. Mary Nichols
Challenges to EPA-approved state implementation plans must be brought in federal appellate courts.
Environmental Law Mar. 3, 2015
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Fact that proposed project may have significant environmental effect does not constitute ‘unusual circumstances’ that precluded application of exemptions from CEQA review.
Environmental Law Mar. 2, 2015
Our Children’s Earth Foundation v. California Air Resources Board
Public interest group fails to challenge California Air Resource Board’s ‘Cap-and-Trade’ program concerning reduction of greenhouse gas emissions.
Environmental Law Feb. 24, 2015
Saltonstall v. City of Sacramento (Sacramento Basketball Holdings LLC)
Steps taken by City of Sacramento toward planning of downtown arena does not violate CEQA because it does not demonstrate premature commitment.
Environmental Law Feb. 19, 2015