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Tomlinson v. County of Alameda (Wong)
Exhaustion-of-remedies provision applies to public agency’s determination that project is categorically exempt from California Environmental Quality Act requirements.
Environmental Law Jun. 14, 2012
Van de Kamps Coalition v. Board of Trustees of Los Angeles Community College District (City of Los Angeles)
Board's approvals made subsequent to creation of project do not trigger new statute of limitations period where project was not substantially changed.
Environmental Law Jun. 5, 2012
Karuk Tribe of California v. United States Forest Service
Agency's approval of notices of intent to conduct recreational mining in river violates Endangered Species Act because agency did not consult with relevant wildlife agencies.
Environmental Law Jun. 3, 2012
Native Village of Point Hope v. Salazar
Challenge to oil company’s exploration plan for developing oil and gas reserves is moot because plan referenced oil spill response plan, which was later approved.
Environmental Law May 29, 2012
Consolidated Irrigation District v. Superior Court (City of Selma)
Motion to augment record should have been granted because including tape recordings of meetings with no transcripts best promotes purposes of accountability and informed self-government.
Environmental Law May 24, 2012
Salmon Protection and Watershed Network v. County of Marin
Tolling agreements extending period for filing complaint challenging environmental impact report are effective because of strong public policy to encourage settlement of controversies.
Environmental Law May 13, 2012
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (Los Angeles County Metropolitan Transportation Authority)
Use of projected future conditions to determine environmental impact of light rail construction is appropriate where impact on presently existing conditions would yield no practical information.
Environmental Law May 11, 2012
Consolidated Irrigation District v. Superior Court (City of Selma)
Motion to augment record should have been granted because including tape recordings of meetings with no transcripts best promotes purposes of accountability and informed self-government.
Environmental Law Apr. 26, 2012
Abatti v. Imperial Irrigation District
Irrigation district is not required to prepare environmental impact report in adopting regulations implementing plan for distribution of water in event of water shortage.
Environmental Law Apr. 26, 2012
Western Watersheds Project v. United States Dept. of the Interior
Under Equal Access to Justice Act, plaintiff is not entitled to attorney fees for work performed in pre-litigation administrative grazing-permit proceedings.
Environmental Law Apr. 25, 2012
Sierra Club v. Napa County Board of Supevisors
Lot line adjustment ordinance is exempt from California Environmental Quality Act's purview because procedure for approval of adjustments involved only ministerial acts.
Environmental Law Apr. 22, 2012
Salmon Protection and Watershed Network v. County of Marin
Tolling agreements extending period for filing complaint challenging environmental impact report are effective because of strong public policy to encourage settlement of controversies.
Environmental Law Apr. 22, 2012
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (Los Angeles County Metropolitan Transportation Authority)
Use of projected future conditions to determine environmental impact of light rail construction is appropriate where impact on presently existing conditions would yield no practical information.
Environmental Law Apr. 17, 2012
Sackett v. EPA
Property owners may bring civil action pursuant to Administrative Procedure Act to challenge issuance of compliance order by EPA under Clean Water Act.
Environmental Law Mar. 21, 2012
No Wetlands Landfill Expansion v. County of Marin (Redwood Landfill Inc.)
County board of supervisors has no power to hear appeal regarding solid waste facilities permit where it is not decisionmaking body of local enforcement agency.
Environmental Law Mar. 20, 2012
Turtle Island Restoration Network v. U.S. Dept. of Commerce
Consent decree between environmental groups and federal agencies regarding fishery management does not violate federal law because law does not impede parties’ ability to settle.
Environmental Law Mar. 14, 2012
Alliance for the Wild Rockies v. Salazar
Statute calling for removal of distinct population of gray wolves from Endangered Species Act protections, without regard to any statute, must be enforced.
Environmental Law Mar. 14, 2012
Consolidated Irrigation District v. City of Selma (Raven)
In CEQA proceeding, court's decision to augment record is proper under substantial evidence test even if declaration supporting documents is contradicted.
Environmental Law Mar. 11, 2012
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Proposed construction of dwelling does not qualify for categorical exemption from California Environmental Quality Act because its size creates 'unusual circumstances.'
Environmental Law Mar. 8, 2012
San Luis & Delta-Mendota Water Authority v. United States
U.S. Dept. of Interior’s exercise of discretion in treating water releases from central valley reservoirs as ‘non-fishery actions’ is proper.
Environmental Law Mar. 4, 2012
Alameda County Flood Control v. Dept. of Water Resources
Contractors unsucessfully challenge Dept. of Water Resources' method of crediting water recipients with revenues from Oroville Dam hydropower.
Environmental Law Feb. 21, 2012
Turtle Island Restoration Network v. United States Dept. of State
Res judicata bars environmental group’s challenge to certification process involving countries exempted from general ban on shrimp imports.
Environmental Law Feb. 21, 2012
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Proposed construction of dwelling does not qualify for categorical exemption from California Environmental Quality Act because its size creates 'unusual circumstances.'
Environmental Law Feb. 16, 2012
Adams v. United States Forest Service
Forest Services may not charge fees to certain Mount Lemmon recreational visitors who meet Federal Lands Recreation Enhancement Act's blanket fee prohibition.
Environmental Law Feb. 10, 2012
The Save The Peaks Coalition v. United States Forest Service
Although court improperly applied laches, error was not prejudicial since plaintiffs’ claim alleging National Environmental Protection Act violation lacks merit.
Environmental Law Feb. 10, 2012
Tri-Valley CAREs v. U.S. Dept. of Energy
Dept. of Energy's environmental assessment is adequate where it provides convincing statement on environmental impacts of possible terrorist attacks on proposed laboratory.
Environmental Law Feb. 8, 2012
Pacific Rivers Council v. United States Forest Service
U.S. Forest Service fails to take requisite 'hard look' at environmental consequences of changes to Sierra Nevada Forest Plan with respect to fish species.
Environmental Law Feb. 6, 2012
Sierra Club v. California Dept. of Parks and Recreation
Petition to compel amendment of general development plan to ban off-highway vehicle activity on land tract is properly denied where plaintiff failed to allege ministerial duty.
Environmental Law Feb. 3, 2012
Citizens for East Shore Parks v. California State Lands Commission (Chevron U.S.A. Inc.)
Additional mitigation measures are not required under public trust doctrine where State Lands Commission complied with CEQA and there were no changes in public trust use.
Environmental Law Jan. 31, 2012
Association of Irritated Residents v. United States Environmental Protection Agency
Agency arbitrarily approves attainment plan revision by failiing to evaluate existing plan and determining its necessity in ensuring compliance with Clean Air Act.
Environmental Law Jan. 30, 2012