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Tulelake Irrigation District v. United States Fish and Wildlife Service
Conservation plan restricting agricultural use of leased wildlife refuge lands was not unlawful when it ensured the refuge's purpose of waterfowl management was carried out without disallowing compatible uses.
Environmental Law 9th Jul. 19, 2022
Center for Biological Diversity v. Haaland
U.S. Fish and Wildlife Service's decision-making process for adopting a Comprehensive Conservation Plan for refuges was in accordance with law.
Environmental Law 9th Jul. 19, 2022
Audubon Society of Portland v. Haaland
The United States Fish and Wildlife Service properly exercised its professional judgment in allowing a mix of agricultural land and natural habitat in the Klamath Basin National Wildlife Refuge Complex.
Environmental Law 9th Jul. 19, 2022
California River Watch v. City of Vacaville
City's coincidental transportation of carcinogenic waste through its water-supply system was not enough to establish liability under the Resource Conservation and Recovery Act.
Environmental Law 9th Jul. 5, 2022
West Virginia v. Environmental Protection Agency
Clean Air Act Section 111(d) did not grant congressional authority on the Environmental Protection Agency to devise emissions caps in the manner the EPA prescribed in the Clean Power Plan.
Environmental Law USSC Jul. 1, 2022
Natural Resources Defense Council v. U.S. Environmental Protection Agency
In actively issuing its interim decision regarding glyphosate, the Environmental Protection Agency was required to comply with the Endangered Species Act's consultation procedures.
Environmental Law 9th Jun. 20, 2022
Committee for Sound Water v. City of Seaside
The shortening of Emergency Rule 9's tolling period for certain causes of action did not deprive petitioners of a reasonable time to file a writ alleging California Environmental Quality Act violations.
Environmental Law 6DCA Jun. 3, 2022
Environmental Defense Center v. Bureau of Ocean Energy Management
Because environmental agencies relied on questionable assumptions, they failed to take the "hard look" mandated by the National Environmental Policy Act.
Environmental Law 9th Jun. 3, 2022
Almond Alliance of California et al. v. Fish and Game Commission et al.
Four species of bumble bees may be listed as endangered species since the Fish & Game Code Section 45's broad definition of "fish" includes terrestrial invertebrates.
Environmental Law 3DCA Jun. 1, 2022
We Advocate Through Environmental Review v. County of Siskiyou
Under the California Environmental Quality Act, project objectives that are essentially just completing the project as planned are impermissibly narrow.
Environmental Law 3DCA May 16, 2022
Tiburon Open Space Committee v. County of Marin
Marin County's adherence to development plans, because it was "legally infeasible" not to, was proper and opposers failed to provide substantial evidence to prove otherwise.
Environmental Law 1DCA/2 May 16, 2022
Center for Biological Diversity v. U.S. Fish and Wildlife Service
U.S. Fish and Wildlife Service acted arbitrarily and capriciously in approving a mining plan of operations based on its incorrect assumption that company's mining claims were valid under the Mining Law.
Environmental Law 9th May 13, 2022
We Advocate Through Environmental Review v. City of Mt. Shasta
City should have made certain findings under the California Environmental Quality Act for each significant impact that the county identified before issuing a wastewater permit to a water bottling plant.
Environmental Law 3DCA May 12, 2022
Natural Resources Defense Council v. U.S. Environmental Protection Agency
Environmental Protection Agency's denial of petition to cancel registration of pesticide due to safety concerns was at odds with its own prior assumptions and statements and not supported by substantial evidence.
Environmental Law 9th Apr. 21, 2022
Safari Club International v. Haaland
Alaska National Interest Lands Conservation Act preserved the federal government's plenary power over public lands, including the Kenai National Wildlife Refuge, in Alaska.
Environmental Law 9th Apr. 19, 2022
Modification: Buena Vista Water Storage Dist. v. Kern Water Bank Authority
Public water agency's environmental impact report for storage project to divert excess water met California Environmental Quality Act requirements with its good faith efforts at full disclosure.
Environmental Law 2DCA/6 Apr. 13, 2022
Central Sierra Environmental Resource Center v. Stanislaus National Forest
Forest Service could implement best management practices under provisions of the Management Agency Agreement in lieu of reporting discharge requirements under the California Water Act.
Environmental Law 9th Apr. 11, 2022
350 Montana v. Haaland
Department of Interior's finding of no significant environmental impact required more analysis than potential greenhouse gas emissions being "minor" relative to other global emissions sources.
Environmental Law 9th Apr. 5, 2022
Southwest Regional Council of Carpenters v. City of Los Angeles
Where an alternative project closely comported with and retained the original project's site specifications and size, the Environmental Impact Report's project definition was sufficiently accurate and stable.
Environmental Law 2DCA/4 Apr. 1, 2022
Save the Hill Group v. City of Livermore
A reissued final environmental impact report certification and the development project's approval could not stand because the report's no-project alternative discussion was inadequate.
Environmental Law 1DCA/5 Mar. 31, 2022
Buena Vista Water Storage Dist. v. Kern Water Bank Authority
Public water agency's environmental impact report for storage project to divert excess water met California Environmental Quality Act requirements with its good faith efforts at full disclosure.
Environmental Law 2DCA/6 Mar. 24, 2022
Friends of Alaska National Wildlife Refuges v. Haaland
Secretary of the Interior had authority under the Alaska National Interest Lands Conservation Act to approve a land-exchange agreement that would balance environmental needs with the economic and social needs of Alaska natives.
Environmental Law 9th Mar. 17, 2022
Friends of Animals v. U.S. Fish and Wildlife Service
Under the Endangered Species Act, a net conservation benefit can include an informational benefit that could aid in the conservation of a species.
Environmental Law 9th Mar. 7, 2022
Save the El Dorado Canal v. El Dorado Irrigation Dist.
Water pipeline's project description in the environmental impact report meets California Environmental Quality Act requirement when it is adequate, complete and made a good faith effort at full disclosure.
Environmental Law 3DCA Feb. 17, 2022
League to Save Lake Tahoe Mountain Area v. City of Placer
Factual statements by members of the public may constitute substantial evidence supporting an argument of potential significant impact necessitating, under CEQA, a report discussion on existing air and water quality.
Environmental Law 3DCA Feb. 16, 2022
Mountain Communities for Fire Safety v. Elliott
U.S. Forest Service's "Timber Stand Improvement" regulation unambiguously allows commercial thinning of forest timber regardless of size or age.
Environmental Law 9th Feb. 7, 2022
Los Padres Forestwatch v. U.S. Forest Service
Absent evidence demonstrating the U.S. Forest Service applied technical expertise to conclude timber cutting project should be approved, the court was forced to conclude the decision was arbitrary and capricious.
Environmental Law 9th Feb. 7, 2022
Citizens' Committee to Complete the Refuge v. City of Newark
A development project was exempt from further California Environmental Quality Act review because no changes significantly increased the impacts on an endangered species.
Environmental Law 1DCA/4 Jan. 31, 2022
Friends, Artists & Neighbors of Elkhorn Slough v. Cal. Coastal Com.
Granting a coastal development permit was improper when a required report discussing alternative and mitigating environmental measures did not precede the approval.
Environmental Law 6DCA Dec. 15, 2021
Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA.
Environmental Law 9th Nov. 19, 2021