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Douda v. California Coastal Commission
California Coastal Commission has power to prevent development of residence by unilaterally designating area an environmentally sensitive habitat.
Environmental Law Mar. 5, 2008
Feldman v. Bomar
Once feral pig population is eradicated, dispute over manner employed to kill pigs is rendered moot.
Environmental Law Mar. 4, 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 Feb. 18, 2008
Douda v. California Coastal Commission
California Coastal Commission has power to prevent development of residence by unilaterally designating area an environmentally sensitive habitat.
Environmental Law Feb. 8, 2008
Security National Guaranty Inc. v. California Coastal Commission
California Coastal Commission lacks power to declare property environmentally sensitive habitat area during appeal from grant of coastal development permit.
Environmental Law Jan. 29, 2008
Schutte & Koerting Inc. v. Regional Water Quality Control Board
Under Water Code, party aggrieved by regional board’s final decision need not seek or obtain hearing before regional board prior to judicial review.
Environmental Law Jan. 17, 2008
Communities for a Better Environment v. South Coast Air Quality Management District (ConocoPhillips Co.)
Agency improperly uses statutory maximum allowable emissions as baseline for calculating proposed project’s environmental impact rather than refinery’s actual emissions.
Environmental Law Jan. 17, 2008
Feldman v. Bomar
Once feral pig population is eradicated, dispute over manner employed to kill pigs is rendered moot.
Environmental Law Jan. 11, 2008
Voices of the Wetlands v. California State Water Resources Control Board (Duke Energy Moss Landing LLC)
Water pollution permit is upheld where record supports board's finding that alternatives to 'once-through cooling' are wholly disproportionate to benefits achieved.
Environmental Law Jan. 11, 2008
Bering Strait Citizens for Responsible Resource Development 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 Jan. 4, 2008
Save Round Valley Alliance v. County of Inyo (Walters)
Inadequacy of county's environmental impact report with respect to analysis of alternatives results in prejudice and reversal.
Environmental Law Dec. 19, 2007
Voices of the Wetlands v. California State Water Resources Control Board (Duke Energy Moss Landing LLC)
Water pollution permit is upheld where record supports board's finding that alternatives to 'once-through cooling' are wholly disproportionate to benefits achieved.
Environmental Law Dec. 16, 2007
Rattlesnake Coalition v. U.S. Environmental Protection Agency
National Environmental Policy Act challenges that are not based on ‘federal’ action or final EPA action fail for lack of jurisdiction and standing.
Environmental Law Dec. 9, 2007
United States v. Alpine Land & Reservoir Co.
State engineer properly determines water rights were not abandoned despite substantial nonuse but not whether five years without thwarted transfer constitutes forfeiture.
Environmental Law Dec. 9, 2007
Sierra Club v. Bosworth
Administrative agency’s creation of categorical exclusion from National Environmental Policy Act’s requirement that environmental impact statement be prepared is arbitrary and capricious.
Environmental Law Dec. 5, 2007
California Dept. of Toxic Substances Control v. Alco Pacific Inc.
State may recover cleanup costs under CERCLA from defendants who sold dross and slag to lead processing facility for partial disposal.
Environmental Law Nov. 28, 2007
Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.)
Environmental impact report withstands challenge to supply analysis and remediation measures by providing for permanent water transfer independent of pending litigation.
Environmental Law Nov. 27, 2007
California Forestry Association v. California Fish & Game Commission
Two 'evolutionarily significant units' within 'California range' of coho salmon are properly listed as 'endangered and threatened' species under CESA.
Environmental Law Nov. 22, 2007
Tuolumne County Citizens of Responsible Growth Inc. v. City of Sonora (California Gold Development Corp.)
Connections between proposed home improvement center and road realignment indicate they are related acts that constitute single CEQA project.
Environmental Law Nov. 1, 2007
Our Children's Earth Foundation v. U.S. Environmental Protection Agency
Environmental Protection Agency must consider technology-based criteria in reviewing effluent guidelines under Clean Water Act.
Environmental Law Oct. 29, 2007
Friends of Pinto Creek v. U.S. Environmental Protection Agency
Issuance of permit to discharge copper into impaired creek without showing compliance with water quality standards violates Clean Water Act.
Environmental Law Oct. 4, 2007
Tuolumne County Citizens of Responsible Growth Inc. v. City of Sonora (California Gold Development Corp.)
Connections between proposed home improvement center and road realignment indicate they are related acts that constitute single CEQA project.
Environmental Law Oct. 3, 2007
Oregon Natural Resources Council Fund v. Goodman
In case involving expansion of ski resort, National Forest Management Act is violated where Forest Service fails to provide data about sensitive species.
Environmental Law Sep. 25, 2007
Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.)
Water service portion of environmental impact report providing for permanent water transfer to service development independent of pending litigation passes muster.
Environmental Law Sep. 25, 2007
Muzzy Ranch Co. v. Solano County Airport Land Use Commission
Commission correctly determines common sense exemption to California Environmental Quality Act applies where plan merely incorporates existing general plan and zoning.
Environmental Law Sep. 12, 2007
Northern Cheyenne Tribe v. Norton
District court properly issues partial injunction limiting coal bed methane development pending Bureau of Land Management's expansion of environmental impact statement.
Environmental Law Sep. 11, 2007
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 Sep. 4, 2007
In re Groundwater Cases
Residents cannot sustain damages claims against water suppliers where they can only show isolated instances of temporary, allowable exceedances of water quality standards.
Environmental Law Aug. 28, 2007
Mani Brothers Real Estate Group v. City of Los Angeles (IDS Equities LLC)
Under CEQA, no further environmental review is required for development plan’s changes that do not create new or increase previously identified environmental impacts.
Environmental Law Aug. 6, 2007
Northern California River Watch v. City of Healdsburg
City violates Clean Water Act where it discharged sewage into pond that has significant nexus to river deemed to be navigable water.
Environmental Law Aug. 6, 2007