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United States v. APW North America
Under CERCLA, non-settling potentially responsible parties may intervene in litigation to oppose consent decree incorporating settlement that would cut off contribution rights.
Environmental Law Jun. 3, 2010
Butte Environmental Council v. United States Army Corps of Engineers
Biological report for construction proposal is not arbitrary or capricious where species’ critical habitat can be destroyed without appreciably diminishing habitat’s value.
Environmental Law Jun. 2, 2010
Center for Biological Diversity v. County of San Bernardino (Nursery Products LLC)
Environmental Impact Report evaluating source of water supply for compost facility must contain water supply assessment.
Environmental Law May 27, 2010
National Parks & Conservation Association v. Bureau of Land Management
Land exchange appraisal should have considered landfill as 'highest and best use' where exchange occurred as part of plan to build landfill.
Environmental Law May 19, 2010
Californians for Pesticide Reform v. California Dept. of Pesticide Regulation
California Dept. of Pesticide Regulation's policy of prioritizing pesticides for risk assessment complies with Toxic Air Contaminants Act.
Environmental Law May 17, 2010
San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board
Amendment to Water Quality Control Plan establishing discharge limits for salt and boron does not violate Clean Water Act.
Environmental Law May 6, 2010
Communities for a Better Environment v. City of Richmond (Chevron Products Co.)
Environmental impact report is inadequate where project description was unclear as to specific gravity of crude oil that refinery could process.
Environmental Law Apr. 28, 2010
Fence Creek Cattle Co. v. United States Forest Service
United States Forest Service may cancel grazing permit where permittee fails to provide proof of purchase for cattle.
Environmental Law Apr. 27, 2010
San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board
Amendment to Water Quality Control Plan establishing discharge limits for salt and boron does not violate Clean Water Act.
Environmental Law Apr. 14, 2010
Watsonville Pilots Association v. City of Watsonville
City’s failure to adequately consider airport-related safety hazards in preparing environmental impact report violates California Environmental Quality Act and State Aeronautics Act.
Environmental Law Apr. 13, 2010
Jones v. Regents of University of California
Citizens opposing environmental impact report for laboratory must exhaust administrative remedies before seeking judicial review where public could raise concerns before approval.
Environmental Law Apr. 12, 2010
Jones v. Regents of University of California
Citizens opposing environmental impact report for laboratory must exhaust administrative remedies before seeking judicial review where public could raise concerns before approval.
Environmental Law Apr. 9, 2010
California American Water v. City of Seaside
Court properly orders water management district to set aside denial of application to pump groundwater where denial contravened adoption of 'physical solution.'
Environmental Law Apr. 5, 2010
Stockton Citizens for Sensible Planning v. City of Stockton (A.G. Spanos Construction Inc.)
Notice of ministerial exemption under California Environmental Quality Act need not announce valid development project for statute of limitations to run.
Environmental Law Apr. 2, 2010
Karuk Tribe of Northern California v. California Regional Water Quality Control Board North Coast Region
Federal Power Act preempts California law governing waste discharge to federally licensed hydroelectric dam-reservoirs.
Environmental Law Apr. 1, 2010
Melom v. City of Madera (Zelman Retail Partners Inc.)
Reapportionment of retail project allowing greater space to ‘supercenter’ does not necessarily require additional environmental impact report.
Environmental Law Mar. 25, 2010
Gualala Festivals Committee v. California Coastal Commission
Fireworks display is ‘development’ under California Coastal Act of 1976 requiring coastal development permit.
Environmental Law Mar. 25, 2010
Communities For A Better Environment v. South Coast Air Quality Management District
District must prepare environmental impact report where substantial evidence supports argument that proposed project may have adverse environmental effect.
Environmental Law Mar. 15, 2010
Native Ecosystems Council v. Tidwell
U.S. Forest Service's habitat proxy analysis regarding project to update grazing allotments is unreliable where assessment was based on nonexistent management indicator species.
Environmental Law Mar. 9, 2010
MacClarence v. U.S. EPA
Petitioner fails to demonstrate that permit did not comply with Clean Air Act where allegations were not supported by references, analysis, or evidence.
Environmental Law Mar. 4, 2010
Friends of Glendora v. City of Glendora
Fee is properly imposed by city on resident who appealed approval of construction project without environmental impact report.
Environmental Law Mar. 2, 2010
Committee for Green Foothills v. Santa Clara County Board of Supervisors (Board of Trustees of the Leland Stanford Junior University)
County's filing of notice of determination triggers 30-day statute of limitations for all California Environmental Quality Act challenges to decisions in notice.
Environmental Law Feb. 12, 2010
River Runners for Wilderness v. Martin
National Park Service’s management plan allowing continued use of motorized activities in Grand Canyon National Park is not contrary to agency’s policies.
Environmental Law Feb. 2, 2010
Save the Plastic Bag Coalition v. City of Manhattan Beach
Environmental impact report must be prepared before determining whether city ordinance prohibiting plastic bag distribution has significant effect on environment.
Environmental Law Jan. 29, 2010
Katzeff v. California Dept. of Forestry and Fire Protection (Kuljian)
Agency errs in granting exemption allowing harvesting of timber without review when prior mitigation measure required trees to remain.
Environmental Law Jan. 29, 2010
United Farm Workers of America AFL-CIO v. Administrator, EPA
District court lacks jurisdiction to review EPA's decision when administrator made decision in response to input from manufacturers, growers, and environmental groups.
Environmental Law Jan. 27, 2010
Hells Canyon Preservation Council v. U.S. Forest Service
U.S. Forest Service does not unlawfully withhold or delay action by refusing to close trail within wilderness area to motorized vehicle use.
Environmental Law Jan. 26, 2010
Fishermen's Finest Inc. v. Locke
Amendment to Fishery Management Plan, which reduced vessel’s share of Pacific cod fishery, does not violate American Fisheries Act.
Environmental Law Jan. 20, 2010
Planning and Conservation League v. Castaic Lake Water Agency (Kern County Water Agency)
Environmental Impact Report is not defective when it fails to explain relevance of agreement and report that court found to be immaterial.
Environmental Law Jan. 19, 2010
Opinion of Brown
County Air Pollution Control Districts may not provide grant funding under Carl Moyer Memorial Air Quality Standards Attainment Program to District board members.
Environmental Law Jan. 5, 2010