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Santa Clarita Organization for Planning the Environment v. City of Santa Clarita (Henry Mayo Newhall Memorial Hospital)
Substantial evidence supports city's determination that complete mitigation of project's impact on climate change is infeasible.
Environmental Law Jul. 27, 2011
Chawanakee Unified School District v. County of Madera (Rio Mesa Holdings LLC)
Project's indirect impacts on parts of physical environment that are not school facilities must be considered in environmental impact report.
Environmental Law Jul. 21, 2011
Save the Plastic Bag Coalition v. City of Manhattan Beach
City is not required to prepare environmental impact report on effects of ordinance banning use of plastic bags by local businesses.
Environmental Law Jul. 15, 2011
Natural Resources Defense Council Inc. v. County of Los Angeles
Evidence of county’s control over flood stations where standards-exceeding pollutants were found is sufficient to support violation of Clean Water Act.
Environmental Law Jul. 14, 2011
Silverado Modjeska Recreation and Parks District v. County of Orange (CCRC Farms LLC)
County is not required to recirculate supplemental environmental impact report with reference to observation of endangered arroyo toad near project site.
Environmental Law Jul. 12, 2011
Citizens for Responsible Equitable Environmental Development v. City of Chula Vista (Target Corp.)
Environmental impact report is required where fair argument of potential significant environmental impact existed based on lack of measures addressing soil contamination.
Environmental Law Jul. 12, 2011
Clover Valley Foundation v. City of Rocklin (Rocklin 650 Venture)
Environmental impact report complies with California Environmental Quality Act although it does not disclose certain information regarding cultural resources.
Environmental Law Jul. 11, 2011
Del Cerro Mobile Estates v. City of Placentia
Estoppel argument fails where project was exempt from CEQA under applicable statute and there was nothing on record that showed plaintiff was unaware of exemption.
Environmental Law Jul. 8, 2011
South Orange County Wastewater Authority v. City of Dana Point (Makar Properties LLC)
Under California Environmental Quality Act, environmental impact report is not required to assess impact of present environment on proposed project.
Environmental Law Jul. 5, 2011
Pakootas v. Teck Cominco Metals Ltd.
Federal court does not have citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act where plaintiffs sought penalties for noncompliance with order.
Environmental Law Jul. 5, 2011
Pakootas v. Teck Cominco Metals Ltd.
Order
Environmental Law Jul. 5, 2011
Natural Resources Defense Council Inc. v. South Coast Air Quality Management District
District court lacks jurisdiction to review challenge to EPA action under Clean Air Act.
Environmental Law Jun. 29, 2011
Citizens For A Better Eureka v. California Coastal Commission
California Coastal Commission has appellate jurisdiction over coastal development permits where developments are not limited to nuisance abatement.
Environmental Law Jun. 29, 2011
Redevelopment Agency of the City of Stockton v. BNSF Railway Co.
Under nuisance theory, railway company is not responsible for contamination that was caused entirely by industrial site via installation of drains.
Environmental Law Jun. 28, 2011
Chawanakee Unified School District v. County of Madera (Rio Mesa Holdings LLC)
Project's indirect impacts on parts of physical environment that are not school facilities must be considered in environmental impact report.
Environmental Law Jun. 21, 2011
American Electric Power Co. Inc. v. Connecticut
Clean Air Act displaces federal common law of nuisance regarding emissions standards for carbon dioxide.
Environmental Law Jun. 20, 2011
Citizens for Responsible Equitable Environmental Development v. City of San Diego (Pardee Homes)
City’s certification of addendum to final environmental impact report incorporating water supply assessment is equivalent to approval of assessment under Water Code.
Environmental Law Jun. 12, 2011
California Chamber of Commerce v. Brown
Labor Code reference method set forth in Health and Safety Code Section 25249.8 continues to specify minimum content of Proposition 65 list.
Environmental Law Jun. 7, 2011
Pakootas v. Teck Cominco Metals Ltd.
Federal court does not have citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act where plaintiffs sought penalties for noncompliance with order.
Environmental Law Jun. 2, 2011
Jensen Family Farms Inc. v. Monterey Bay Unified Air Pollution Control District
Clean Air Act does not preempt air pollution control district's rules requiring registration and payment of fees for diesel engines used in agriculture.
Environmental Law May 31, 2011
Sierra Forest Legacy v. Sherman
Agency complies with requirement to evaluate environmental impacts in disclosing and rebutting public critiques without disclosing identities of experts.
Environmental Law May 27, 2011
Resurrection Bay Conservation Alliance v. City of Seward, Alaska
Under Clean Water Act, attorney fees are not unjust due to special circumstances where city was required to obtain permit for discharging pollutants.
Environmental Law May 20, 2011
Oakland Heritage Alliance v. City of Oakland (Oakland Harbor Partners)
City’s compliance with applicable statutes regarding mitigation measures for projects located in seismic area provides substantial evidence supporting environmental impact report approval.
Environmental Law May 20, 2011
Northwest Environmental Defense Center v. Brown
Court creates permit requirement for ‘point source’ discharges that pollute streams and rivers as result of logging activities.
Environmental Law May 18, 2011
Southeast Alaska Conservation Council v. Federal Highway Administration
Environmental impact statement is inadequate where agency fails to rigoriously explore and evaluate all reasonable alternatives.
Environmental Law May 5, 2011
Cedar Fair L.P. v. City of Santa Clara
Approval of term sheet that sets forth basic terms of proposed transaction to develop stadium does not require environmental impact report.
Environmental Law Apr. 29, 2011
Karuk Tribe of California v. United States Forest Service
U.S. Forest Service decision to allow mining operation according to notice of intent does not trigger interagency consulting obligation under Endangered Species Act.
Environmental Law Apr. 7, 2011
Gardner v. United States Bureau of Land Management
Bureau of Land Management has discretion to allow use of off-road vehicles on land where there is no evidence that land had suffered undue degradation.
Environmental Law Apr. 7, 2011
Santa Monica Baykeeper v. City of Malibu
Challenge against environmental impact report alleging failure to sufficiently analyze construction-related water quality impacts is moot where construction of project had been completed.
Environmental Law Apr. 5, 2011
Natural Resources Defense Council Inc. v. U.S. EPA
EPA's adequacy determination as to limits on motor vehicle emissions within state implementation plan is not arbitrary or capricious.
Environmental Law Mar. 31, 2011