| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-35538 and 97-35820
|
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 | |
|
95-36025
|
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 | |
|
A074048
|
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 | |
|
C023548
|
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 | |
|
H015082
|
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 | |
|
95-36004
|
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 | |
|
A073177 and A074836
|
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 | |
|
D031056
|
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 | |
|
93-71035
|
Rainsong Co. v. Federal Energy Regulatory Commission
Energy Commission must make independent determination whether proposed project is inconsistent with forest's purposes. |
Environmental Law |
|
Jun. 24, 1999 | |
|
94-16234
|
City of Carmel-by-the-Sea v. U.S. Dept. of Transportation
Material change from draft to final environmental impact documents requires update on reasonable alternatives. |
Environmental Law |
|
Jun. 21, 1999 | |
|
A074723
|
Schoen v. California Department of Forestry & Fire Protection
Approving analyses of cumulative impacts as 'minor deviations' to timber harvest plans is error. |
Environmental Law |
|
Jun. 19, 1999 | |
|
96-16334
|
The Pinal Creek Group v. Newmont Mining Corp.
Party responsible for cleanup costs lacks claim against another potentially responsible party for joint recovery. |
Environmental Law |
|
Jun. 17, 1999 | |
|
96-70223
|
Sierra Club v. U.S. Environmental Protection Agency
Agency can't promulgate rule allowing chemical importation for disposal without required exemption findings under statute. |
Environmental Law |
|
Jun. 17, 1999 | |
|
96-70974
|
Disimone v. Browner
No reconsideration of decision EPA cannot replace court-ordered pollution control provisions with state provisions. |
Environmental Law |
|
Jun. 17, 1999 | |
|
90-70548
|
Northwest Environmental Defense Center v. Bonneville Power Administration
For system-wide marketing decision, Bonneville Power Administration needn't provide equitable treatment of fish and wildlife. |
Environmental Law |
|
Jun. 16, 1999 | |
|
S053508
|
Mountain Lion Foundation v. California Fish amd Game Commission
Environmental report is required before commission can remove species from threatened species list. |
Environmental Law |
|
Jun. 15, 1999 | |
|
95-70862, 95-70927, 95-70928, 95-70859, 95-70861 and 95-70864
|
Association of Public Agency Customers Inc. v. Bonneville Power Administration
Bonneville Power Administration can charge to use facilities to transmit electricity generated by another producer. |
Environmental Law |
|
Jun. 15, 1999 | |
|
S053508
|
Mountain Lion Foundation v. Fish and Game Commission (County of Kern Dept. of Planning and Development Services)
Fish and Game Commission abuses discretion in removing Mojave ground squirrel from threatened species list. |
Environmental Law |
|
Jun. 15, 1999 | |
|
C023259
|
Endangered Habitats League Inc. v. State Water Resources Control Board (Riverside County Flood Control and Water Conservation District)
Second tier environmental review is required for drainage plan containing details omitted from master plan. |
Environmental Law |
|
Jun. 15, 1999 | |
|
B098926
|
Los Angeles Unified School District v. City of Los Angeles
Environmental impact report for development plan is inadequate for failure to address traffic noise at schools. |
Environmental Law |
|
Jun. 15, 1999 | |
|
95-56405
|
Industrial Truck Assoc. Inc. v. Henry
Occupational Safety and Health Act pre-empts California's toxic regulations for manufacturers not registered with federal agency. |
Environmental Law |
|
Jun. 15, 1999 | |
|
97-15179
|
Russian River Watershed Protection Committee v. City of Santa Rosa
Official has discretion to determine reasonable method of compliance with discharge permits. |
Environmental Law |
|
Jun. 15, 1999 | |
|
95-35462
|
American Rivers v. National Marine Fisheries Service
Superseding Biological Opinion governing operation of hydropower system moots pending challenge to predecessor document. |
Environmental Law |
|
Jun. 14, 1999 | |
|
95-35462
|
American Rivers v. National Marine Fisheries Service
Superseding biological opinion governing operation of hydropower system moots pending challenge to predecessor document. |
Environmental Law |
|
Jun. 14, 1999 | |
|
97-35503
|
Alaska Center for the Environment v. Armbrister
Purpose and need for access to populated location supports construction of road through federal recreation area. |
Environmental Law |
|
Jun. 12, 1999 | |
|
97-35503
|
Alaska Center for the Environment v. Armbrister
Purpose and need for access to populated location supports construction of road through federal recreation area. |
Environmental Law |
|
Jun. 12, 1999 | |
|
S061521
|
Planning & Conservation v. Department of Fish and Game
State permit allowing killing or capturing of protected species is invalid under Enadangered Species Act. |
Environmental Law |
|
Jun. 11, 1999 | |
|
A074723
|
Schoen v. California Dept. of Forestry & Fire Protection (Louisiana-Pacific Corp.)
Approving analyses of cumulative impacts as 'minor deviations' to timber harvest plans is error. |
Environmental Law |
|
Jun. 9, 1999 | |
|
96-15529
|
Atchison, Topeka and Santa Fe Railway Co. v. Brown & Bryant Inc.
Under CERCLA liability for pollution cleanup costs of corporate successor is determined by state law. |
Environmental Law |
|
Jun. 7, 1999 | |
|
96-30342
|
United States v. Apex Oil Co. Inc.
Oil constituents aren't covered under federal law barring cargo-related oil residue discharge at sea. |
Environmental Law |
|
Jun. 7, 1999 |
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