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Name Category Published
Northwest Environmental Advocates v. United States Environmental Protection Agency
EPA exceeds authority in exempting three types of discharges from permitting requirements of Clean Water Act.
Environmental Law Jul. 25, 2008
Environmental Protection and Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Company)
Sustained Yield Plan involving old-growth logging is not properly approved even though economic and employment issues were properly considered.
Environmental Law Jul. 18, 2008
Fernandez v. California Dept.of Pesticide Regulation
Dept. of Pesticide Regulation must consult with Office of Environmental Health Hazard Assessment before adopting regulations concerning workers' safety.
Environmental Law Jul. 17, 2008
Oregon Natural Desert Association v. Bureau of Land Management
Bureau of Land Management violates National Environmental Policy Act where it improperly analyzes effects of plan on land's wilderness characteristics.
Environmental Law Jul. 15, 2008
Sunset Skyranch Pilots Association v. County of Sacramento (Taylor)
CEQA may require environmental analysis be conducted before state agency can deny project or permit.
Environmental Law Jul. 3, 2008
Coos County Board of County Commissioners v. Kempthorne
Fish and Wildlife Services does not have duty to promptly remove species from protections of Endangered Species Act.
Environmental Law Jun. 27, 2008
The Lands Council v. Martin
U.S. Forest Service's definition of 'live trees' is upheld as rational explanation in relation to logging in areas affected by fires.
Environmental Law Jun. 26, 2008
Muzzy Ranch Co. v. Solano County Airport Land Use Commission
Compatibility rather than precise conformity is required between proposed project and standards created in study under Public Utilities Code Section 21675(b).
Environmental Law Jun. 20, 2008
Golden v. CH2M Hill Hanford Group Inc.
Claims for emotional distress brought under Price-Anderson Act survive where plaintiff suffers distinct fears arising from exposure to nonradioactive materials.
Environmental Law Jun. 12, 2008
In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings.
CALFED properly exercises its discretion in declining to include reduced water export alternative in environmental impact report.
Environmental Law Jun. 6, 2008
Sierra Club v. City of Orange (The Irvine Co.)
Sierra Club's objection to environmental impact report's project description lacks merit.
Environmental Law Jun. 2, 2008
Our Children's Earth Foundation v. United States Environmental Protection Agency
In citizen suit brought by environmental advocates, court properly finds that Environmental Protection Agency's acts or omissions were discretionary.
Environmental Law May 27, 2008
Natural Resources Defense Council v. United States Environmental Protection Agency
EPA's recent rule exempting discharges of sediment from construction activities from Clean Water Act permit requirements is found impermissible.
Environmental Law May 27, 2008
Ocean Harbor House Homeowners Association v. California Coastal Commission
California Coastal Commission's imposition of mitigation fee for loss of beach property from construction of seawall does not constitute unconstitutional taking.
Environmental Law May 27, 2008
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
California Dept. of Forestry and Fire Protection does not violate technical rule in approving selection of biological cumulative-impacts assessment areas.
Environmental Law May 23, 2008
Center For Biological Diversity v. Rey
Proposed logging projects are enjoined in case where supplemental environmental impact statement is reviewed under NEPA.
Environmental Law May 15, 2008
Moss v. County of Humboldt
Court focuses on new and substantially important information in determining whether second environmental impact report is appropriate under CEQA.
Environmental Law May 9, 2008
Bering Strait Citizens for Responsible Resource Devt. v. U.S. Army Corps of Engineers
Engineers properly discount alternatives to discharging dredge from gold mines into Alaskan wetlands before issuing permit under Clean Water Act.
Environmental Law May 1, 2008
National Wildlife Federation v. National Marine Fisheries Service
District court correctly determined that biological opinion of proposed operations in Columbia River System was structurally flawed.
Environmental Law Apr. 25, 2008
California Water Impact Network v. Newhall County Water District (Gateking Properties)
Plaintiff cannot challenge Water Supply Assessment where it is not 'final' act or determination subject to direct mandamus review.
Environmental Law Apr. 18, 2008
Kotrous v. Goss-Jewett Co. of Northern California Inc.
Parties that incurred costs to clean up contamination must proceed under CERCLA Section 107 to recover expenses, not seek contribution under Section 113.
Environmental Law Apr. 18, 2008
Committee for Green Foothills v. Santa Clara County Board of Supervisors (Board of Trustees of the Leland Stanford Junior University)
Committee's claims are governed by California Environmental Quality Act statute of limitations rather than more general provisions of Government Code Section 65009.
Environmental Law Apr. 14, 2008
Committee to Save the Hollywoodland Specific Plan v. City of Los Angeles (Cutler)
Party's construction of fence may not be permitted under CEQA Guidelines if there is possibility that fence will significantly impact environment.
Environmental Law Apr. 10, 2008
United States v. Burlington Northern & Santa Fe Railway Co.
In case involving cleanup of areas due to toxic chemicals, court's apportionment of liability is not proper.
Environmental Law Apr. 8, 2008
Friends of Yosemite Valley v. Kempthorne
Government's appeal from injunction in environmental case is dismissed where wild and scenic river management plan fails to adequately address visitor use.
Environmental Law Mar. 28, 2008
California Sportfishing Protection Alliance v. State Water Resources Control Board
Findings of State Water Resource Board of beneficial uses of creek are supported by evidence and complied with environmental review requirements.
Environmental Law Mar. 24, 2008
Valley Advocates v. City of Fresno (Perez, Williams & Medina)
City improperly approves project to demolish 90-year-old building without analyzing site under CEQA's discretionary historical resource category.
Environmental Law Mar. 19, 2008
United States v. Approximately 64,695 Pounds of Shark Fins
Neither statute nor regulations provide fair notice to defendant that it would be considered fishing vessel for purposes of Shark Finning Prohibition Act.
Environmental Law Mar. 18, 2008
Citizens for Responsible and Open Government v. City of Grand Terrace (Corporation for Better Housing)
City's approval of building plan should not be approved where high population density, building height, and noise might significantly impact environment.
Environmental Law Mar. 17, 2008
Feldman v. Bomar
Once feral pig population is eradicated, dispute over manner employed to kill pigs is rendered moot.
Environmental Law Mar. 5, 2008