Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-35445
|
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 | |
13-70366
|
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 | |
S217763
|
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 | |
E060915
|
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 | |
C070201
|
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 | |
C072067
|
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 | |
S213478
|
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 | |
14-35819
|
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 | |
A131412
|
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 | |
S217763
|
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 | |
C070836
|
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 | |
A142449
|
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 | |
13-72346
|
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 | |
A131254
|
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 | |
H041136
|
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 | |
D066488
|
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 | |
A141696
|
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 | |
12-17530
|
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 | |
13-72346
|
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 | |
E060759
|
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 | |
12-35831
|
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 | |
13-16071
|
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 | |
E059133
|
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 | |
12-16832
|
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 | |
G049527
|
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 | |
13-15132
|
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 | |
13-70633
|
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 | |
12-57297
|
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 | |
13-73398
|
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 | |
12-35434
|
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 |