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County of Sacramento v. Superior Court (Forster-Gill Inc.)
In action alleging California Environmental Quality Act violations, request for hearing must be filed in writing within 90 days from filing of petition.
Environmental Law Dec. 30, 2009
Sunset Sky Ranch Pilots Association v. County of Sacramento (Taylor)
County does not violate California Environmental Quality Act by declining to renew conditional use permit for operation of privately owned airport.
Environmental Law Dec. 29, 2009
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 Dec. 21, 2009
Inyo Citizens for Better Planning v. Inyo County Board of Supervisors (Core)
County’s alteration of 'net acreage' term, which could significantly effect environment, constitutes error where County failed to prepare Environmental Impact Report.
Environmental Law Dec. 15, 2009
Schellinger Brothers v. City of Sebastopol
Under California Environmental Quality Act, developer is entitled to writ compelling completion of Environmental Impact Report, but not compelling certification or approval.
Environmental Law Dec. 3, 2009
South Fork Band Council of Western Shoshone of Nevada v. United States Dept. of Interior
Preliminary injunction is improperly denied where plaintiff is likely to succeed due to federal agency's failure to present sufficient environmental impact statement.
Environmental Law Dec. 3, 2009
Center for Biological Diversity v. Kempthorne
Non-lethal harassing, hunting, capturing, or killing of marine mammals by oil and gas industry is valid under Marine Mammal Protection Act.
Environmental Law Dec. 2, 2009
California Unions for Reliable Energy v. Mojave Desert Air Quality Management District
Adoption of rule that aimed to offset increases in airborne dust by paving roads is not exempt from California Environmental Quality Act.
Environmental Law Nov. 16, 2009
Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments
Approval of measure to fund transportation projects does not require environmental review where agency had not yet committed to implementation.
Environmental Law Nov. 11, 2009
Bus Riders Union v. Los Angeles County Metropolitan Transportation Agency
Transit agency’s fare increase is exempt from air pollution standards where revenue would be used for operating costs and maintaining service.
Environmental Law Nov. 11, 2009
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 Nov. 10, 2009
Lake Almanor Associates L.P. v. Huffman-Broadway Group Inc.
Developer is not entitled to enforce county’s contract for preparation of Environmental Impact Report where report is for public’s benefit.
Environmental Law Nov. 1, 2009
California Unions for Reliable Energy v. Mojave Desert Air Quality Management District
Adoption of rule that aimed to offset increases in airborne dust by paving roads is not exempt from California Environmental Quality Act.
Environmental Law Nov. 1, 2009
California Energy Commission v. Dept. of Energy
Court has jurisdiction under Energy Policy and Conservation Act to review denial of request for waiver of preemption.
Environmental Law Oct. 28, 2009
California Native Plant Society v. City of Santa Cruz
City's approval of project is proper where determination of infeasibility of proposed alternatives was based on policy considerations.
Environmental Law Oct. 16, 2009
California Building Industry Association v. San Joaquin Valley Air Pollution Control District
Fee regulating pollution emissions by developers constitutes valid regulatory fee where fee did not exceed reasonable costs of program.
Environmental Law Oct. 8, 2009
National Paint & Coatings Association Inc. v. South Coast Air Quality Management District
Rule limiting amount of volatile organic compounds allowed in paint and coatings is improper where limits were not 'available' and 'achievable.'
Environmental Law Oct. 1, 2009
Las Lomas Land Co. LLC v. City of Los Angeles
City is not required to prepare environmental impact report where it does not intend to approve or carry out development proposal.
Environmental Law Sep. 21, 2009
California Native Plant Society v. City of Santa Cruz
City's approval of project is proper where determination of infeasibility of proposed alternatives was based on policy considerations.
Environmental Law Sep. 21, 2009
Rosemere Neighborhood Association v. U.S. EPA
'Voluntary cessation' exception to mootness applies where EPA consistently delayed in responding to complaints related to civil rights violations.
Environmental Law Sep. 18, 2009
Center for Biological Diversity v. United States Dept. of the Interior
Land exchange violates National Environmental Policy Act where consequences of land exchange were not identical to no-action alternative.
Environmental Law Sep. 15, 2009
First v. City of Tracy (Winco Foods)
City council may approve amended environmental impact report where request for amendment was not denial of project subject to planning commission review.
Environmental Law Aug. 31, 2009
People v. U.S. Dept. of Agriculture
U.S. Forest Service violates National Environmental Policy Act by failing to prepare environmental impact statement before repealing substantive environmental protections.
Environmental Law Aug. 26, 2009
Opinion of Brown
Caltrans must continue to pay fees adopted under Unified Hazardous Waste and Hazardous Materials Management Regulatory Program.
Environmental Law Aug. 25, 2009
Western Radio Services Co. v. United States Forest Service
Plaintiff may not bring implied private action against federal officers where Administrative Procedure Act provided adequate alterative remedy.
Environmental Law Aug. 24, 2009
City of Long Beach v. Los Angeles Unified School District
Proposed mitigation measures to reduce exposure to hazardous emissions in final environmental impact report are supported by substantial evidence.
Environmental Law Aug. 19, 2009
City of Rilato v. West Coast Loading Corp.
Federal court lacks jurisdiction over corporation’s claim that EPA engaged in 'pattern and practice' of issuing unfounded emergency orders.
Environmental Law Aug. 17, 2009
Sierra Forest Legacy v. Rey
District court errs in denying preliminary injunction where new policy allowing logging of larger trees was not balanced against former policy.
Environmental Law Aug. 14, 2009
People v. U.S. Dept. of Agriculture
U.S. Forest Service violates National Environmental Policy Act by failing to prepare environmental impact statement before repealing substantive environmental protections.
Environmental Law Aug. 10, 2009
Saint John's Organic Farm v. Gem County Mosquito Abatement District
Attorney fees award to prevailing party is appropriate under Clean Water Act unless special circumstances would render award unjust.
Environmental Law Aug. 4, 2009