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Pacific Merchant Shipping Association v. Goldstene
Federal law does not preempt state regulation affecting conduct beyond state’s coastline, which is aimed at prevention and control of air pollution.
Environmental Law Mar. 29, 2011
San Luis & Delta-Mendota Water Authority v. Salazar
Application of Sections 7 and 9 of Endangered Species Act to California delta smelt does not violate Commerce Clause.
Environmental Law Mar. 28, 2011
Landvalue 77 LLC v. Board of Trustees of the California State University (Kashian Enterprises LP)
Entire environmental impact report certification must be set aside where court finds parts are inadequate under California Environmental Quality Act.
Environmental Law Mar. 18, 2011
City of Los Angeles v. San Pedro Boat Works
Individual holding revocable permit to operate on property is not ‘owner’ liable under Comprehensive Environmental Response, Compensation, and Liability Act.
Environmental Law Mar. 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 Mar. 11, 2011
State of Oregon v. Federal Energy Regulatory Commission
Challenge to Federal Energy Regulatory Commission order authorizing natural gas import terminal and pipeline is moot after project proponents file bankruptcy petitions.
Environmental Law Mar. 3, 2011
Center for Food Safety v. Vilsack
Plaintiffs fail to show irreparable harm required for preliminary injunction seeking destruction of sugar beets planted pursuant to permits issued by agency.
Environmental Law Mar. 1, 2011
San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission
Nuclear Regulatory Commission is not required to share sensitive security information in 'closed' hearing under National Environmental Policy Act.
Environmental Law Feb. 16, 2011
Barnum Timber Co. v. United States Environmental Protection Agency
Owner of nonindustrial timberlands has standing to sue based on devalued property caused by government’s decision to retain watershed as impaired water body.
Environmental Law Feb. 4, 2011
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 Feb. 3, 2011
Avila v. Willits Environmental Remediation Trust
Statute of limitations under CERCLA, begins to run when plaintiffs have knowledge of alleged injury one year following filing of first suit, not before.
Environmental Law Jan. 28, 2011
Northern California River Watch v. Wilcox
Statutory text ‘areas under Federal jurisdiction’ in Section 9 of Endangered Species Act does not cover privately-owned wetlands adjacent to navigable waters.
Environmental Law Jan. 27, 2011
Western Watersheds Project v. Kraayenbrink
Proposed amendments to grazing regulations violate National Environmental Policy Act where agency failed to take ‘hard look’ at environmental effects.
Environmental Law Jan. 20, 2011
The Wilderness Society v. United States Forest Service
Courts are no longer required to categorically prohibit intervention by private parties and governments as defendants on claims under National Environmental Policy Act.
Environmental Law Jan. 18, 2011
The Lands Council v. McNair
Forest Service properly relies on forest plan's 10 percent old growth standard in deciding to harvest old growth trees to prevent decline of other species.
Environmental Law Dec. 28, 2010
Greater Yellowstone Coalition v. Lewis
Agency decisions to approve expansion of mine in national forest are rationally based on data considering high levels of selenium in water.
Environmental Law Dec. 27, 2010
Wilderness Watch Inc. v. U.S. Fish and Wildlife Service
Water structure violates Wilderness Act because it was not 'necessary' to conserve sheep population in light of other strategies available.
Environmental Law Dec. 21, 2010
Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council
Final Environmental Impact Report must be based on existing, not future, environmental conditions to be valid.
Environmental Law Dec. 16, 2010
The National Association of Home Builders v. The San Joaquin Valley Unified Air Pollution Control District
Clean Air Act does not preempt indirect source review program adopted by local agency to regulate air pollutants from construction sites.
Environmental Law Dec. 7, 2010
Wild Fish Conservancy v. Salazar
U.S. Fish and Wildlife Service fails to articulate rational connection between facts and 'no jeopardy' conclusion in biological opinion regarding hatchery's effect on trout.
Environmental Law Dec. 7, 2010
Center for Biological Diversity v. United States Dept. of Agriculture
GPS coordinates provided by private ranchers to United States Dept. of Agriculture concerning agricultural operations are protected from public disclosure.
Environmental Law Dec. 2, 2010
Humane Society of the United States v. Locke
Agency fails to adequately explain decision to authorize killing of sea lions, which were feeding on endangered salmon at high rates.
Environmental Law Nov. 23, 2010
Cherry Valley Pass Acres and Neighbors v. City of Beaumont (Sunny-Cal Egg & Poultry Co.)
City's certification of environmental impact report is proper where it relied on adequate 'baseline' in assessing project's impacts on regional water supplies.
Environmental Law Nov. 23, 2010
Friends of the Juana Briones House v. City of Palo Alto (Nulman)
California Environmental Quality Act does not apply to demolition permit issued based on ministerial decision pursuant to fixed municipal code standards.
Environmental Law Nov. 23, 2010
Nelson v. County of Kern (Carlton Global Resources)
County must evaluate environmental effects of entire surface mining project even though project was on federally owned land.
Environmental Law Nov. 21, 2010
Earth Island Institute v. Carlton
United States Forest Service only has duty to ensure distribution, not viability, of specie population under National Forest Management Act.
Environmental Law Nov. 8, 2010
Akiak Native Community v. U.S. EPA
EPA's approval of state's application to assume responsibility for administration of parts of National Pollutant Discharge Elimination System is proper.
Environmental Law Nov. 4, 2010
Western Watersheds Project v. Interior Board of Land Appeals
Equal Access to Justice Act does not allow attorney fees when underlying purpose for adjudication is to appeal renewal of grazing permits.
Environmental Law Oct. 12, 2010
Tomlinson v. County of Alameda (Wong)
New housing subdivision is not exempt from California Environmental Quality Act requirements where it constitutes project not 'within city limits' of municipality.
Environmental Law Oct. 7, 2010
California Oak Foundation v. The Regents of the University of California
UC Regents act in accordance with CEQA by certifying environmental impact report for campus projects where report contained sufficient information regarding environmental impacts.
Environmental Law Oct. 3, 2010