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Safe Air For Everyone v. United States EPA
EPA's conclusion that field burning is permissible is legally erroneous if plain language of state's Clean Air Act implementation plan prohibits field burning.
Environmental Law Mar. 29, 2007
Northwest Ecosystem Alliance v. U.S. Fish and Wildlife Service
Fish and Wildlife Service's decision not to classify Washington state western gray squirrel as endangered 'distinct population segment' was proper.
Environmental Law Mar. 29, 2007
Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert Inc.)
Trial court erred in imposing procedural requirement beyond that expressly stated in California Environmental Quality Act.
Environmental Law Mar. 28, 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 Mar. 23, 2007
Klamath Siskiyou Wildlands Center v. Boody
Bureau of Land Management decisions approving timber sales, in reliance on two annual species reports regarding red tree voles, are unlawful.
Environmental Law Mar. 21, 2007
Uphold Our Heritage v. Town of Woodside (Jobs)
Town's approval of demolition of historic mansion is not proper where it failed to show that alternatives are not feasible.
Environmental Law Mar. 20, 2007
Muzzy Ranch v. Solano County Airport Land Use Commission
Adoption of an airport land use compatibility plan is a project requiring CEQA review.
Environmental Law Mar. 20, 2007
County of Los Angeles v. California State Water Resources Control Board
Permit issued by California Regional Water Quality Control Board is subject to California Environmental Quality Act review.
Environmental Law Mar. 20, 2007
San Francisco Baykeeper v. Cargill Salt Division
Salt-making operator prevails where pond in which it allegedly discharged pollutants is merely adjacent to protected body of water.
Environmental Law Mar. 16, 2007
Friends of the Sierra Railroad v. Tuolumne Park and Recreation District (Tuolumne Band of Me-Wuk Indians)
Agency need not conduct environmental review of land sale if environmental impact of sale cannot be meaningfully analyzed at time of sale.
Environmental Law Mar. 14, 2007
Landwatch Monterey County v. County of Monterey (Chapin)
EIR is not required where evidence does not indicate significant adverse impact on environment.
Environmental Law Mar. 14, 2007
Save Tara v. City of West Hollywood (Waset Inc.)
Under California Environmental Quality Act, EIR must be prepared and considered by city before it may give approval to project.
Environmental Law Mar. 14, 2007
Madrigal v. City of Huntington Beach (Landscape by Hiro Inc.)
Issuance of subsequent grading permits for development project are not separate projects under California Environmental Quality Act.
Environmental Law Mar. 7, 2007
Oregon Natural Resources Council v. Allen
Incidental Take Statement concerning northern spotted owls is invalid where Fish and Wildlife Service withdrew portion of Biological Opinion.
Environmental Law Feb. 22, 2007
The Lands Council v. Martin
District court abused its discretion in denying preliminary injunction on plaintiffs' claim under National Forest Management Act.
Environmental Law Feb. 16, 2007
Northwest Environmental Defense Center v. Bonneville Power Administration
Bonneville Power Administration's decision to transfer functions of Fish Passage Center to other entities is deemed arbitrary and capricious.
Environmental Law Feb. 16, 2007
Hale v. Norton
National Park Service acted reasonably in requiring environmental assessment pursuant to National Environmental Policy Act.
Environmental Law Feb. 9, 2007
California Farm Bureau Federation v. California State Water Resources Control Board
Regulatory fees imposed on water right permit holders may not exceed reasonable cost of providing services or contractor's contractual interest in another's permit.
Environmental Law Feb. 2, 2007
Concerned McCloud Citizens v. McCloud Community Services District (Nestle Waters North America)
Local government agency's approval of agreement with water bottling company did not constitute 'approval' of project within meaning of CEQA.
Environmental Law Feb. 2, 2007
Eureka Citizens for Responsible Government v. City of Eureka (Eureka Church of the Nazarene)
Arguments of opponents to school playground fail where environmental impact report was deemed adequate.
Environmental Law Feb. 2, 2007
McAllister v. County of Monterey (Laube)
Party's claim that county failed to comply with CEQA fails where determinations were superseded by coastal commission's environmental review.
Environmental Law Feb. 1, 2007
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Environmental impact report prepared for proposed development project failed to disclose impacts of providing long-term water supplies.
Environmental Law Feb. 1, 2007
Center for Biological Diversity v. Kempthorne
Under ESA, Wildlife Service's 'warranted but precluded' finding had to be published with evaluation of data upon which decision was based.
Environmental Law Jan. 31, 2007
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Under California Environmental Quality Act, lack of fair statement of facts forfeits evidentiary claims.
Environmental Law Jan. 31, 2007
Defenders of Wildlife v. EPA
EPA has authority to consider impact on endangered species when deciding whether to transfer water pollution permitting authority to state government.
Environmental Law Jan. 29, 2007
Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (Mi Arbolito)
San Diego correctly determined that development of 14-story residential building is exempt from CEQA under urban in-fill development exemption.
Environmental Law Jan. 29, 2007
Opinion of Lockyer
Fish and Game Commission may not prohibit person employed by association of common interest development from using pellet guns to kill rabbits.
Environmental Law Jan. 12, 2007
California Sportfishing Protection Alliance v. FERC
Endangered Species Act imposes no duty to consult about activities conducted by private party pursuant to previously issues, valid license from FERC.
Environmental Law Jan. 11, 2007
County of Los Angeles v. California State Water Resources Control Board
Permit issued by California Regional Water Quality Control Board is subject to California Environmental Quality Act review.
Environmental Law Jan. 11, 2007
American Canyon Community United for Responsible Growth v. City of American Canyon (Lake Street Ventures LLC)
Where proposed changes to development project created significant environmental effects, supplemental environmental review was necessary.
Environmental Law Dec. 20, 2006