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Rominger v. County of Colusa (Adams Group Inc.)
County may argue developer’s proposed subdivision is not a project for purposes of CEQA's requirements, even though it approved a mitigated negative declaration.
Environmental Law Sep. 9, 2014
Alaska Community Action on Toxics v. Aurora Energy Services LLC
General permit for stormwater discharges does not shield coal loading facility from Clean Water Act liability based on discharges of coal into bay.
Environmental Law Sep. 3, 2014
Citizens for the Restoration of L Street v. City of Fresno (FFDA Properties LLC)
Although historic preservation commission’s approval of mitigated negative declaration for project violated CEQA, city properly finds no historical resources would be impacted.
Environmental Law Sep. 1, 2014
ASARCO LLC v. Union Pacific Railroad Co.
Mining company’s amended complaint based on previously excluded facts in CERCLA contribution action is timely, as it related back to date of original complaint.
Environmental Law Aug. 27, 2014
Center for Community Action and Environmental Justice v. BNSF Railway Co.
Railway companies do not have to stop emissions of diesel particulate matter from railyards, given they do not initially place exhaust onto land or water.
Environmental Law Aug. 20, 2014
Sierra Club v. U.S. Environmental Protection Agency
Builder of power plant must demonstrate compliance with new environmental regulations in effect when project permit was issued, even if EPA delayed issuance.
Environmental Law Aug. 12, 2014
Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores Inc.)
City does not need to conduct full environmental analysis under CEQA after directly adopting voter-sponsored initiative for proposed expansion of Wal-Mart.
Environmental Law Aug. 7, 2014
State of Arizona v. Ashton Co. Inc.
District court fails to independently scrutinize consent agreements regarding cleanup of Arizona landfill, affording undue deference to Arizona Dept. of Environmental Quality.
Environmental Law Aug. 3, 2014
People of the State of California ex rel. Imperial County Air Pollution Control District v. U.S. Dept. of the Interior
Secretary of Interior complies with NEPA in approving environmental impact statement regarding effects of water transfer agreements on Salton Sea.
Environmental Law Aug. 3, 2014
Citizens Opposing a Dangerous Environment v. County of Kern (North Sky River Energy LLC)
County’s approval of wind farm does not violate CEQA because mitigation measure requiring compliance with FAA regulations minimizes air safety hazards.
Environmental Law Jul. 27, 2014
Town of Atherton v. California High-Speed Rail Authority
California High-Speed Rail Authority properly refuses alternatives to laying track for trains traveling from Central Valley to Bay Area through Pacheco Pass.
Environmental Law Jul. 24, 2014
WildEarth Guardians v. U.S. EPA
Environmental group loses challenge to EPA’s approval of plan for changes at generating station and to improve visibility conditions in Nevada wilderness area.
Environmental Law Jul. 17, 2014
Light v. State Water Resources Control Board
State Water Resources Control Board has authority to enact regulations restricting commercial use of Russian River water by agriculturalists to protect endangered salmon.
Environmental Law Jul. 14, 2014
Citizens for a Sustainable Treasure Island v. City and County of San Francisco (Treasure Island Community Development LLC)
Environmental impact report adequately analyzes San Francisco’s conversion of Treasure Island into mixed-use community, regardless of whether report was ‘project-level.’
Environmental Law Jul. 8, 2014
North Coast Rivers Alliance v. Westlands Water District (United States Bureau of Reclamation)
Interim renewal contracts, allowing water districts to continue receiving water in accordance with 40-year service contract, are exempt from CEQA requirements.
Environmental Law Jul. 7, 2014
City of Los Angeles v. County of Kern
City of Los Angeles’ state action against Kern County, seeking to enjoin its ban on use of biosolids as fertilizer, is untimely filed after federal court’s dismissal.
Environmental Law Jul. 7, 2014
Citizens Against Airport Pollution v. City of San Jose
City of San Jose is not required to conduct further environmental review due to adjustments in existing plan to improve San Jose International Airport.
Environmental Law Jul. 6, 2014
SPRAWLDEF v. San Francisco Bay Conservation and Development Commission (Waste Connections Inc.)
Landfill expansion project moves forward because agency’s rejection of reduced-size alternative as economically infeasible was reasonable.
Environmental Law Jun. 26, 2014
Utility Air Regulatory Group v. EPA
EPA may regulate greenhouse gas emissions from ‘stationary sources’ by requiring sources to comply with ‘best available control technology’ provisions.
Environmental Law Jun. 23, 2014
Light v. State Water Resources Control Board
State Water Resources Control Board has authority to enact regulations restricting commercial use of Russian River water by agriculturalists to protect endangered salmon.
Environmental Law Jun. 17, 2014
Citizens for a Green San Mateo v. San Mateo County Community College District
Environmental group’s challenge to San Mateo college district’s removal of trees on campus as part of facility improvement project fails as untimely filed.
Environmental Law Jun. 17, 2014
CTS Corp. v. Waldburger
CERCLA does not preempt North Carolina’s statute of repose, barring landowner’s tort claim against electronics plant operator who sold plant 24 years ago.
Environmental Law Jun. 10, 2014
San Francisco Beautiful v. City and County of San Francisco (AT&T California)
AT&T may install 726 new utility cabinets in San Francisco as part of its project to upgrade Internet speeds without environmental review under CEQA.
Environmental Law Jun. 2, 2014
SPRAWLDEF v. San Francisco Bay Conservation and Development Commission (Waste Connections Inc.)
Landfill expansion project moves forward because agency’s rejection of reduced-size alternative as economically infeasible was reasonable.
Environmental Law May 30, 2014
Sierra Club v. County of Fresno (Friant Ranch L.P.)
Fresno County must set aside its approval of environmental impact report for retirement community, because it failed to properly analyze impacts on air quality.
Environmental Law May 29, 2014
People of the State of California ex rel. Imperial County Air Pollution Control District v. U.S. Dept. of the Interior
Secretary of Interior complies with NEPA in approving environmental impact statement regarding effects of water transfer agreements on Salton Sea.
Environmental Law May 20, 2014
In Defense of Animals v. U.S. Dept. of the Interior
Bureau of Land Management’s 2010 gather of wild horses and burros near California-Nevada border due to overpopulation does not violate federal law.
Environmental Law May 13, 2014
League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton
U.S. Forest Service must prepare new environmental impact statement for logging project following withdrawal of Travel Management Plan for off-road motorized travel.
Environmental Law May 9, 2014
EPA v. EME Homer City Generation L.P.
EPA may employ cost-benefit analysis in determining emitting states’ responsibility for reducing other states’ inability to meet air quality standards.
Environmental Law Apr. 30, 2014
Natural Resources Defense Council v. Jewell
Bureau of Reclamation must consult with FWS before renewing contracts related to California delta, because it had some discretion to benefit threatened delta smelt.
Environmental Law Apr. 17, 2014