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Name Category Published
U.S. v. Mack
Blocking a forest road with protesters, forest debris and logs constitutes 'maintaining a structure' in violation of federal statute.
Environmental Law Jun. 14, 2000
United States v. Stone Container Corp.
Intervenor in a Clean Air Act, brought by EPA, isn't entitled to attorney fees.
Environmental Law Jun. 14, 2000
Ecology Center Inc. v. U.S. Forest Service
Monitoring by the U.S. Forest Service isn't a final, appealable agency action.
Environmental Law Jun. 14, 2000
Fort Ord Toxics Project Inc. v. California Environmental Protection Agency
Federal Comprehensive Environmental Response, Compensation, and Liability Act doesn't pre-empt lawsuit challenging remedial cleanup of toxic site on Army property.
Environmental Law Jun. 12, 2000
American Rivers v. Federal Energy Regulatory Commission
Environmental Impact Statement for hydropower project may use a 'no action' alternative to establish baseline environmental conditions for comparison with other alternatives.
Environmental Law Jun. 9, 2000
United States v. Hagberg
Sewage pumped from septic tanks receiving only domestic sewage is considered 'sewage sludge' within meaning of federal law.
Environmental Law Jun. 2, 2000
Boeing Co. v. MFM Cascade Corp.
Where companies' contamination overlaps, both are responsible for response costs.
Environmental Law Jun. 2, 2000
Greene v. Citigroup Inc.
Opinion
Environmental Law Jun. 1, 2000
West v. Secretary of the Department of Transportation
'Documented categorical exclusion' under National Environmental Policy Act does not provide appropriate level of environmental review for new highway construction project.
Environmental Law Jun. 1, 2000
California Association of Professional Scientists v. Dept. of Fish and Game
Flat fee imposed for environmental reviews is not tax that must be approved by super-majority vote of state legislature.
Environmental Law Jun. 1, 2000
Waste Management of Alameda County Inc. v. County of Alameda (Browning-Ferris Industries of California Inc.)
Landfill operator's commercial and competitive interests are not protected by California Environmental Quality Act.
Environmental Law Jun. 1, 2000
Tosco Corp. v. Koch Industries Inc.
CERCLA liability may be inferred from circumstantial evidence.
Environmental Law May 24, 2000
Syntex Corporation v. Lowsley-Williams and Companies
Insurer not responsible for costs resulting from intentional release of hazardous substances.
Environmental Law May 8, 2000
Klamath Water Users Protective Assoc. v. Patterson
Irrigators in Klamath Basin aren't third-party beneficiaries to contract governing management of Little River Dam.
Environmental Law May 5, 2000
Firebaugh Canal Co. v. United States
San Luis Act requires federal government to provide drainage service for agricultural areas receiving irrigation in California's Central Valley.
Environmental Law May 5, 2000
Etcheverry v. Tri-Ag Service Inc.
Failure to warn claims brought under state law are preempted by Federal Insecticide, Fungicide and Rodenticide Act.
Environmental Law Apr. 28, 2000
Municipal Subdistrict v. Getty Oil Exploration Co.
Company's application isn't barred by its failure to file application for authority to transact business before expiration of diligence period.
Environmental Law Apr. 18, 2000
Haystack Ranch v. Fazzio
Substantial periods of nonuse of water rights by previous owners supports finding of abandonment.
Environmental Law Apr. 18, 2000
Upper Black Squirrel Creek Ground Water Management District v. Goss
Ground Water Management Districts may enforce permits and priorities of wells under modifies systems prior appropriation governing designated ground water.
Environmental Law Mar. 2, 2000
In the Matter of the Application For Water Rights of Columbine Assoc.
Subject matter jurisdiction for entry of original conditional decree for water rights is properly vested in water court.
Environmental Law Feb. 16, 2000
High Country Citizens' Alliance v. United States Forest Service
Order
Environmental Law Feb. 16, 2000
Craig Field Landowners' Assn. v. Federal Energy Regulatory Commission
Order
Environmental Law Feb. 9, 2000
Ashoff v. City of Ukiah
Resource conservation statute doesn't authorize federal citizen suits only alleging state standards exceed federal criteria.
Environmental Law Feb. 9, 2000
A&W Smelter and Refiners Inc. v. Clinton
Mining company is liable for costs incurred in cleaning up hazardous substance dumped or abandoned.
Environmental Law Feb. 7, 2000
Desert Citizens Against Pollution v. Bisson
Plaintiffs lack standing to challenge agency's undervalutation of land under Federal Lands Policy Management Act.
Environmental Law Feb. 7, 2000
Boyce v. Bumb
'Innocent party' can maintain claim for full cost recovery under CERCLA.
Environmental Law Feb. 7, 2000
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Plaintiff's notice letter of Clean Water Act violations contains sufficient allegations to meet regulatory requirements.
Environmental Law Feb. 7, 2000
County of Amador v. El Dorado County Water Agency
Environmental impact report is fundamentally flawed because it is predicated on a draft, unadopted general plan.
Environmental Law Feb. 4, 2000
Wyoming Farm Bureau Federation v. Babbitt
Department of Interior rule that prescribes release of nonnative wolves into designated experimental areas does not contravene Endangered Species Act.
Environmental Law Feb. 1, 2000
Riverwatch v. County of San Diego
Court abuses discretion when it requires county's enviromental impact report to account for prior illegal activity at project site.
Environmental Law Jan. 28, 2000