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City of Hayward v. Board of Trustees of the California State University
Environmental impact report regarding expansion of university campus is generally adequate, but fails to meaningfully analyze impact on neighboring parkland and must reconsider feasibility regarding funding for parking mitigation.
Environmental Law Dec. 2, 2015
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 Dec. 1, 2015
Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association (Stars of Justice Inc.)
Upon remand from the Cal. Supreme Court, Santa Cruz County Fairground does not need to conduct environmental review before holding rodeo, because fairground had been used for similar events in past.
Environmental Law Nov. 24, 2015
S.F. Baykeeper v. Cal. State Lands Com. (Hanson Marine Operations Inc., et al.)
Cal. State Lands Commission's failure to comply with public trust doctrine when approving mining project requires partial reversal and remand.
Environmental Law Nov. 19, 2015
Pollinator Stewardship Council v. U.S. EPA
EPA's approval of insecticide containing sulfoxaflor vacated and remanded to agency, as underlying studies are flawed and no additional studies were submitted.
Environmental Law Nov. 13, 2015
Berkeley Hillside Preservation v. City of Berkeley (Logan et al.)
Sufficient evidence supports City of Berkeley's conclusion that residential construction project is exempt from further CEQA review.
Environmental Law Oct. 29, 2015
Save Our Big Trees v. City of Santa Cruz
City of Santa Cruz fails to demonstrate that amendments to ordinances protecting heritage trees fall within exemption to CEQA review requirements.
Environmental Law Oct. 26, 2015
North County Advocates v. City of Carlsbad (Plaza Camino Real L.P.)
Advocacy group mounts unsuccessful challenge to City of Carlsbad's approval of project to renovate former Robinsons-May store.
Environmental Law Oct. 12, 2015
Defend Our Waterfront v. California State Lands Commission (San Francisco Waterfront Partners II LLC)
Land exchange agreement underlying controversial waterfront project in San Francisco is not exempt from CEQA review because agreement did not settle title and boundary disputes.
Environmental Law Sep. 18, 2015
Ctr. for Biological Diversity v. USFWS
Conservation measures in a federal agency-initiated MOA enforceable under the Endangered Species Act when they are included as part of the project and thus subject to the ESA's consultation and enforcement provisions.
Environmental Law Sep. 18, 2015
Pollinator Stewardship Council v. U.S. EPA
EPA's approval of insecticide containing sulfoxaflor vacated and remanded to agency, as underlying studies are flawed and no additional studies were submitted.
Environmental Law Sep. 11, 2015
Save Our Schools v. Barstow Unified
Where determinations are based on insufficient evidence, school district must reconsider whether school closures and student transfers are exempt from California Environmental Quality Act.
Environmental Law Sep. 4, 2015
ONRC Action v. U.S. Bureau of Reclamation
Bureau of Reclamation's operation of Klamath Straits Drain is exempted from Clean Water Act's permit requirements concerning alleged discharge of pollutants.
Environmental Law Aug. 24, 2015
WILDEARTH Guardians v. USDA
'Relaxed' second and third standing prongs in procedural enforcement action, plus out-of-date impact studies, substantiate standing in case relating to predator management.
Environmental Law Aug. 3, 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 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