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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
Marbled Murrelet v. Babbitt
Service's concurrence letter doesn't constitute federal agency action approving state evaluation of timber harvest plan.
Environmental Law Jul. 11, 1999
Planning and Conservation League v. Department of Fish and Game
State permit allowing killing or capturing of protected species is invalid under endangered species act.
Environmental Law Jul. 10, 1999
City of Los Angeles v. United States Department of Agriculture
Utility company's economic interests in project negates standing to sue under National Environmental Policy Act.
Environmental Law Jul. 8, 1999
Davidon Homes v. City of San Jose
City's determination ordinance is exempt from California Environmental Quality Act must be supported by evidence.
Environmental Law Jul. 8, 1999
United States v. Alpine Land & Reservoir Co.
District court has exclusive jurisdiction over appeal regarding water rights adjudicated under its decrees and can enjoin state court proceeding.
Environmental Law Jul. 7, 1999
People v. Cotter & Company
Warning labels required by state act doesn't interfere with federal act's adequate cautionary label requirements.
Environmental Law Jul. 7, 1999
Western Radio Services Co. Inc. v. Glickman
No environmental assessment for proposed new access road absent connection to reissuance of radio tower permit.
Environmental Law Jul. 3, 1999
Natural Resources Defense Council v. U.S. Dept. of Interior
Fish and Wildlife Service violates Endangered Species Act by not designating critical habitat for songbird.
Environmental Law Jun. 29, 1999
U.S. v. Cooper
Federal sewage sludge regulations don't relieve transporter's duty to comply with local permit requirements.
Environmental Law Jun. 29, 1999
United States v. Hyundai Merchant Marine Co.
Liability for removal costs under the Oil Pollution Act also includes liability for government monitoring costs.
Environmental Law Jun. 29, 1999
Wing v. Asarco Inc.
Attorney fees based on contingent-risk multiplier aren't per se impermissible if within reasonableness of settlement agreement.
Environmental Law Jun. 28, 1999
Planning and Conservation League v. Department of Fish and Game
State permit allowing killing or capturing of protected species is invalid under Endangered Species Act.
Environmental Law Jun. 28, 1999
County of San Joaquin v. State Water Resources Control Board (United States)
Water permits challenge is dismissed after indispensable party, Bureau of Reclamation, refuses to waive sovereign immunity.
Environmental Law Jun. 26, 1999
Homes v. City of San Jose
City's determination ordinance is exempt from California Environmental Quality Act must be supported by evidence.
Environmental Law Jun. 26, 1999
Western Radio Services Co. Inc. v. Glickman
No environmental assessment for proposed new access road absent connection to reissuance of radio tower permit.
Environmental Law Jun. 26, 1999
Silveira v. Las Gallinas Valley Sanitary District
No EIR necessary for project creating odor buffer zone and not altering condemned property's natural state.
Environmental Law Jun. 26, 1999
National Parks and Conservation Association v. County of Riverside (Kaiser Steel Resources Inc.)
Landfill project can be approved it is supported by sufficient evidence that the project has no significant environmental impact.
Environmental Law Jun. 24, 1999