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Riverwatch v. County of San Diego
Court abuses discretion when it requires county's environmental impact report to account for prior illegal activity at project site.
Environmental Law Jan. 28, 2000
U.S. v. Burlington Northern Railroad Co.
Proof that EPA's remedial actions were inconsistent with contingency plan isn't complete defense to cost liability.
Environmental Law Jan. 5, 2000
B.J. Carney Industries Inc. v. U. S. Environmental Protection Agency
Appeal from Clean Water Act penalty assessment must be filed within 30 days of administrative law judge's order.
Environmental Law Dec. 30, 1999
Park Lake Resources Limited Liability Co. v. U.S. Department of Agriculture
Challenge to federal designation of land for research purposes isn't ripe until plaintiff establishes present injury caused by the designation.
Environmental Law Dec. 11, 1999
Defenders of Wildlife v. Browner
Environmental Protection Agency has authority to determine whether strict compliance with state's water-quality standards is necessary.
Environmental Law Dec. 3, 1999
Alaska Center for the Environment v. U.S. Forest Service
Extension of one-year use permit for helicopter-guided recreation activities doesn't require environmental impact statement.
Environmental Law Dec. 3, 1999
Fairbank v. City of Mill Valley
Proposed 5,885 square-foot retail and office building is exempt from California Environmental Quality Act Guidelines.
Environmental Law Dec. 2, 1999
Certain Underwriters at Lloyd's London v. Superior Court (Powerine Oil Co.)
Insurer has no duty to indemnify insured for the expense of complying with formal administrative environmental cleanup orders.
Environmental Law Dec. 2, 1999
Wilderness Society v. Thomas
Challenge to U.S. Forest Service's clear-cutting plan is justiciable since its claims are site-specific and delayed review would cause hardship.
Environmental Law Dec. 2, 1999
Federal Lands Legal Consortium v. United States
No property interest in terms and conditions of grazing permits exists if no legitimate claim of entitlement to benefit.
Environmental Law Nov. 16, 1999
Compass Insurance Company v. City of Littleton
City response costs avialable from insurers under comprehensive Environmental Response, Compensation and Liability Act.
Environmental Law Nov. 10, 1999
Colorado Environmental Coalition v. Dombeck
Expansion of existing ski area isn't inconsistent with National Forest Management Act and doesn't require Forest Service to provide supplemental environmental impact statement.
Environmental Law Nov. 4, 1999
United States v. Power Engineering Co.
District court may enter preliminary injunction requiring hazardous waste facility to provide financial assurances to ensure contamination remediation.
Environmental Law Nov. 4, 1999
Fairbank v. City of Mill Valley (Lee)
Proposed 5,885 square-foot retail and office building is exempt from California Environmental Quality Act Guidelines.
Environmental Law Nov. 4, 1999
Environmental Protection Information Center Inc. v. Pacific Lumber Co.
Controversy surrounding environmental injunction is moot once consultation period is over and permits have been issued.
Environmental Law Nov. 2, 1999
Syntex Corp. v. Lowsley-Williams & Companies
Insurers not responsible for costs resulting from intentional release of hazardous substances
Environmental Law Nov. 2, 1999
Marbled Murrelet v. Babbitt
When awarding attorney fees, the Civil Rights Act standard is to be applied to actions under the Endangered Species Act.
Environmental Law Sep. 30, 1999
Snarled Traffic Obstructs Progress v. City and County of San Francisco
Modification of a construction project does not require changes to the negative declaration nor a new Environmental Impact Report.
Environmental Law Sep. 30, 1999
Sunset Drive Corp. v. City of Redlands
Writ of mandate is an appropriate method to compel city to complete statutorily required environmental impact report.
Environmental Law Aug. 4, 1999
State of California v. Montrose Chemical Corp. of California
CERCLA's three-year limitations statute doesn't begin until Type A and B regulations are promulgated.
Environmental Law Aug. 3, 1999
Friends of the Coast Fork v. U.S. Dept. of the Interior
Denial of waiver of duplication fees isn't supported by endangered species listings in public reading rooms.
Environmental Law Jul. 30, 1999
Bennett v. Spear
Irrigation districts and ranches can challenge biological opinion addressing irrigation project's jeopardy of endangered fish.
Environmental Law Jul. 28, 1999
Steel Co. v. Citizens for a Better Environment
Environmental organization doesn't have standing to sue manufacturer for past violations of hazardous chemical laws.
Environmental Law Jul. 27, 1999
Oregon Natural Resources Council v. Lowe
Forest plan need not consider old-growth trees if no on-the-ground designation at preimplementation stage.
Environmental Law Jul. 27, 1999
Wells Fargo Bank v. Goldzband (Guerard)
Bank, as mineral rights owner, must plug, abandon and cleanup nonfunctioning oil wells.
Environmental Law Jul. 26, 1999
Alaska Wildlife Alliance v. Jensen
Commercial fishing is barred in national park's designated wilderness areas, but not in non-wilderness areas.
Environmental Law Jul. 25, 1999
League for Protection of Oakland's Architectural and Historic Resources v. City of Oakland
Under California Environmental Quality Act, city must prepare environmental impact report before demolishing historical building.
Environmental Law Jul. 19, 1999
Price Road Neighborhood Assoc. Inc. v. U.S. Dept. of Transportation
Environmental re-evaluation is an appropriate vehicle for determining environmental impact of freeway design change.
Environmental Law Jul. 18, 1999
Elk County Water District v. California Department of Forestry and Fire Protection (Louisiana-Pacific Corporation)
State Board of Forestry is indispensable party in action challenging its exemption and emergency provisions.
Environmental Law Jul. 13, 1999
Hewlett v. Squaw Valley Ski Corp.
Violating Forest Practice Act by unauthorized tree cutting constitutes unlawful business practice.
Environmental Law Jul. 12, 1999