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Name Category Published
Wetlands Action Network v. U.S. Army Corps of Engineers
National Environmental Policy Act not violated when U.S. Army Corps of Engineers fails to prepare Envirnomental Impact Statement before issuing development permit on wetlands.
Environmental Law Aug. 29, 2000
Metcalf v. Daley
Federal defendants violate NEPA when preparing environmental assessment after authorizing tribe to resume whaling.
Environmental Law Aug. 25, 2000
Cucamongans United for Reasonable Expansion v. City of Rancho Cucamonga (Lauren Development Inc.)
Supplemental environmental impact report is only required when new information of substantial importance is discovered.
Environmental Law Aug. 25, 2000
Friends of Mammoth v. Town of Mammoth Lakes Redevelopment Agency
Environmental impact report for redevelopment plan must contain as much environmental review as possible.
Environmental Law Aug. 25, 2000
People v. United States
Claims based entirely on state and local air pollution laws do not give rise to federal causes of action.
Environmental Law Aug. 25, 2000
United States v. Asarco Inc.
Jurisdiction to adjudicate validity of expansion of environmentally protected property boundaries vests exclusively in D.C. Circuit.
Environmental Law Aug. 25, 2000
Connecticut Indemnity Co. v. Superior Court
In determining liability for water pollution clean-up, city may issue subpoenas when authorized by law and pertinent to a legislative purpose and investigation.
Environmental Law Aug. 18, 2000
Arco Environmental Remediation v. Department of Health and Environmental Quality
CERCLA does not pre-empt Montana law creating cause of action for access to public documents relating to superfund cleanup.
Environmental Law Aug. 5, 2000
Akiak Native Community v. U.S. Postal Service
Parties challenging project's consistency with state and federal environmental programs must show compelling reason why court should set aside project.
Environmental Law Aug. 5, 2000
Western Crop Protection Association v. Davis
State may adopt federal Environmental Protection Agency's criteria in determining chemicals that cause reproductive toxicity.
Environmental Law Aug. 4, 2000
Tahoe Vista Concerned Citizens v. County of Placer
Plaintiff must first exhaust administrative remedies on environmental issue before bringing lawsuit.
Environmental Law Aug. 4, 2000
Colorado Farm Bureau v. U.S. Forest Service
U.S. Forest Services' endorsement of Colorado's Lynx Recovery Program is not final agency action that triggers standing to sue under Administrative Procedures Act.
Environmental Law Aug. 1, 2000
Exxon Mobil Corp. v. EPA
Nevada's state implementation plan that requires gasoline contain at least 3.5 percent oxygen content neither conflicts with nor is pre-empted by the Clean Air Act.
Environmental Law Jul. 17, 2000
Western Crop Protection Association v. Davis
State may adopt federal Environmental Protection Agency's criteria in determining chemicals that cause reproductive toxicity.
Environmental Law Jun. 30, 2000
Colorado Farm Bureau Federation v. United States Forest Service
Order
Environmental Law Jun. 21, 2000
Aluminum Co. of America v. Administrator, Bonneville Power Administration
Finding of 'jeopardy' to endangered species by action agency can be based on consulting agency's conclusions, and independent analysis isn't required.
Environmental Law Jun. 21, 2000
Muckleshoot Indian Tribe v. U.S. Forest Service
Failure of U.S. Forest Service to meet requirements of National Environmental Policy Act and National Historic Preservation Act requires injunction and new evidentiary hearing.
Environmental Law Jun. 19, 2000
Washington v. Daley
Claims challenging regulations which allocate fishery harvesting to Indian tribes isn't mooted by end of fishing season.
Environmental Law Jun. 19, 2000
Wilderness Society v. Dombeck
Forest Service's application of state law for relocation of mineral claim valid, despite non-abandonment of overlapping location.
Environmental Law Jun. 18, 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. 15, 2000
Klamath Water Users Protective Assn. v. Patterson
Irrigators in Klamath Basin aren't third-party beneficiaries to contract governing management of Little River Dam.
Environmental Law Jun. 15, 2000
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