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Pakootas v. Teck Cominco Metals Ltd.
Domestic application of CERCLA is required where hazardous substances were released within United States.
Environmental Law Aug. 25, 2006
Oregon Trollers Association v. Gutierrez
Fishermen challenging fishery management measures limiting their fishing rights failed to establish violation of Magnuson-Stevens Fishery Conservation and Management Act.
Environmental Law Aug. 25, 2006
Forest Guardians v. Johanns
Forest Service's failure to reinitiate consultation on environmental impact of cattle grazing in national forest violated Endangered Species Act.
Environmental Law Aug. 8, 2006
San Luis Obispo Mothers For Peace v. Nuclear Regulatory Commission
U.S. Nuclear Regulatory Commission improperly determined that consideration of terrorist attack on nuclear facility was not required in environmental review.
Environmental Law Aug. 7, 2006
Kern County Farm Bureau v. Allen
U.S. Fish and Wildlife Service was not required to reopen public comment period where new post-comment information was not critical.
Environmental Law Aug. 6, 2006
Center for Biological Diversity v. U.S. Fish & Wildlife Service
Endangered Species Act does not require government to complete formal designation of critical habitat for endangered fish species listed over 35 years ago.
Environmental Law Aug. 4, 2006
Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation (Dow AgroSciences)
California Dept. of Pesticide Regulation's compliance with applicable statutes and regulations constitutes CEQA compliance.
Environmental Law Jul. 10, 2006
Rapanos v. United States
Wetlands are covered by Clean Water Act if they have continuous surface connection to bodies that are 'waters of United States.'
Environmental Law Jun. 22, 2006
Environmental Protection Information Center v. U.S. Forest Service
Agency's environmental assessment is adequate if there is no significant effect by proposed timber project, and complies with National Forest Management Act.
Environmental Law Jun. 22, 2006
Western States Petroleum Association v. South Coast Air Quality Management District
Rule adopted by Air Quality Management District requiring refineries to reduce emissions was feasible and cost effective.
Environmental Law Jun. 15, 2006
Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation (Dow AgroSciences)
California Dept. of Pesticide Regulation's compliance with applicable statutes and regulations constitutes CEQA compliance.
Environmental Law Jun. 15, 2006
Earth Island Institute v. U.S. Forest Service
District court applied improper legal standard when assessing whether sufficient level of injury had been shown for preliminary injunction purposes.
Environmental Law Jun. 7, 2006
Morning Star Co. v. State Board of Equalization
Tomato processing plant is subject to annual fines for generating hazardous waste under state law.
Environmental Law May 23, 2006
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 May 11, 2006
Californians for Alternatives to Toxics v. Department of Food and Agriculture
Department of Food and Agriculture abused its discretion by relying solely upon findings of another agency in preparing environmental impact report.
Environmental Law Apr. 23, 2006
City of Arcadia v. State Water Resources Control Board
Water boards failed to comply with California Environmental Quality Act by not preparing environmental impact report or its functional equivalent.
Environmental Law Apr. 10, 2006
Pacific Lumber Company v. State Water Resources Control Board
Water Quality Control Board had power to impose monitoring requirements rejected by Department of Forestry in its approval of timber harvest plan.
Environmental Law Apr. 7, 2006
Carson Harbor Village Ltd. v. County of Los Angeles
Summary judgment for CERCLA claim is affirmed where private plaintiff didn't satisfy public input requirement and feasibility study only considered one remediation option.
Environmental Law Apr. 6, 2006
Martin v. City and County of San Francisco
Homeowner's proposed modifications to interior of residence are beyond reach of California Environmental Quality Act.
Environmental Law Mar. 29, 2006
As You Sow v. Conbraco Industries
In water contamination case, plaintiff failed to meet its burden of proving that experimental evidence was closely duplicative of real world scenario.
Environmental Law Mar. 29, 2006
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Co.)
Trial court's grant of peremptory writ of mandate commanding state agencies to set aside their administrative determinations cannot be upheld.
Environmental Law Mar. 29, 2006
U.S. v. Alisal Water Corp.
Court order requiring divestiture of privately-owned water systems that violated Safe Drinking Water Act was proper.
Environmental Law Mar. 1, 2006
United States v. Truckee-Carson Irrigation District
Tribe was entitled to change use of water rights, but was not entitled to apply transportation loss portion of rights.
Environmental Law Feb. 14, 2006
United States v. Asarco Inc.
District court must first interpret terms of environmental cleanup consent decree as if it was contract to determine if modification is warranted.
Environmental Law Feb. 14, 2006
Ecology Center Inc. v. Austin
Forest Services' decision allowing logging in critical old-growth forest and post-fire habitats was 'arbitrary and capricious.'
Environmental Law Feb. 14, 2006
United States v. W.R. Grace and Co.
Environmental Protection Agency, in responding to health reports due to asbestos related contamination, did not exceed its authority to conduct cleanup activities.
Environmental Law Feb. 10, 2006
County of El Dorado v. Dept. of Transportation
Environmental impact report must provide details about individual impact on air quality of proposed casino and interchange project.
Environmental Law Feb. 7, 2006
Laub v. Davis
State's environmental impact report concerning water quality failed to address impact of diverting water from potential sources.
Environmental Law Feb. 7, 2006
Laub v. Davis
State's environmental impact report concerning water quality failed to address impact of diverting water from potential sources.
Environmental Law Feb. 7, 2006
People v. El Dorado County (Brunius)
Director of Dept. of Conservation may not petition for writ of mandate to challenge violations of Surface Mining and Reclamation Act.
Environmental Law Feb. 3, 2006