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San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers
Conditions about where to dispose of dredged material was not an enforceable policy under the Coastal Zone Management Act.
Environmental Law 9th Aug. 9, 2021
Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency
Agency action is not final when subsequent agency decision-making is necessary to create any legal or practical consequences.
Environmental Law 9th Aug. 6, 2021
Bahr v. Regan
Environmental Protection Agency's conclusion that Arizona achieved statutory required reduction in ozone concentration by July 2018, in compliance with Clean Air Act, was valid.
Environmental Law 9th Jul. 29, 2021
Whitewater Draw v. Mayorkas
Department of Homeland Security's Instruction Manual, which implements National Environmental Policy Act regulations, did not constitute 'final agency action' subject to review under Administrative Procedure Act.
Environmental Law 9th Jul. 20, 2021
Save Lafayette Trees v. East Bay Regional Park Dist.
California Environmental Quality Act requires claims to be filed within 180-days from agencies public 'decision to carry out or approve' project.
Environmental Law 1DCA/3 Jul. 6, 2021
Newtown Preservation Society v. County of El Dorado
Public comments and observations concerning residents' wildfire safety concerns did not constitute substantial evidence supporting fair argument that project may have significant effect on environment.
Environmental Law 3DCA Jun. 21, 2021
Guam v. United States
Parties may seek contribution under Comprehensive Environmental Response, Compensation, and Liability Act only after settling CERCLA-specific liability.
Environmental Law USSC May 25, 2021
Friends of Animals v. Haaland
Fish and Wildlife Services' pre-file notice rule was set aside because it runs against Endangered Species Act's requirement to rely only on information from citizens' petitions.
Environmental Law 9th May 18, 2021
A Community Voice v. USEPA
Environmental Protection Agency's 2019 Rule was remanded because it did not set lead-based paint hazard standards based on health risks but instead focused on additional factors, contrary to Congress's directive.
Environmental Law 9th May 17, 2021
League of United Latin American Citizens v. Regan
Environmental Protection Agency lacked power to deny 2007 petition asking EPA to prohibit foods containing insecticide chlorpyrifos, without first making the federally required safety findings.
Environmental Law 9th Apr. 30, 2021
Stop Syar Expansion v. County of Napa
Trial court correctly ruled that appellant failed to exhaust its administrative remedies as to water quality issues.
Environmental Law 1DCA/1 Apr. 27, 2021
United States Fish and Wildlife Service v. Sierra Club, Inc.
Deliberative process privilege protects from disclosure draft biological opinions reflecting the Environmental Protection Agency's preliminary views on its proposed rule regarding endangered species.
Environmental Law USSC Mar. 5, 2021
America Unites for Kids v. Rousseau
District court imposed punitive sanction under its inherent authority without providing criminal-type safeguards; thus, sanction was vacated under 'Goodyear Tire & Rubber Co. v. Haeger.'
Environmental Law 9th Jan. 25, 2021
Santa Clara Valley Water Dist. v. San Francisco Bay
Plaintiff's project involved discharge of waste because it would lead to increased sedimentation in creek and obstruct flow of water, which would likely require periodic removal.
Environmental Law 1DCA/4 Dec. 31, 2020
Amended Opinion: NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales.
Environmental Law 9th Dec. 23, 2020
Center for Biological Diversity v. Zinke
Respondent acted arbitrarily and capriciously by failing to quantify emissions resulting from foreign oil consumption in its environmental impact statement as required by National Environmental Policy Act.
Environmental Law 9th Dec. 8, 2020
Bair v. California Dept. of Transportation
District court erred in finding California Department of Transportation's Environmental Assessment for proposed highway improvement within state park arbitrary and capricious.
Environmental Law 9th Dec. 3, 2020
Modification: American Chemistry Council v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment did not abuse its discretion in failing to consider committee's determination not to list Bisphenol A as reproductive toxicant under Proposition 65.
Environmental Law 3DCA Nov. 11, 2020
State of California v. U.S. Environmental Protection Agency
District court abused its discretion in refusing to modify injunction that was based on law that has been altered to permit what was previously forbidden.
Environmental Law 9th Oct. 23, 2020
American Chemistry Council v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment did not abuse its discretion in failing to consider committee's determination not to list Bisphenol A as reproductive toxicant under Proposition 65.
Environmental Law 3DCA Oct. 20, 2020
Pacific Choice Seafood v. Ross
Defendant's 2.7 percent quota limiting the total allowable catch for Pacific non-whiting groundfish under Magnuson-Stevens Fishery Conservation and Management Act of 1976 was proper.
Environmental Law 9th Sep. 28, 2020
Tinian Women Association v. U.S. Dept. of the Navy
Navy's deferral of consideration of cumulative impacts to a future environmental impact statement was not error.
Environmental Law 9th Sep. 21, 2020
Asarco LLC v. Atlantic Richfield
Outlays for speculative future remediation efforts are not recoverable necessary response costs in Comprehensive Environmental Response, Compensation, and Liability Act contribution actions.
Environmental Law 9th Sep. 15, 2020
Protecting Our Water and Environmental Resources v. County of Stanislaus
Agencies may not categorically classify projects as ministerial simply because a suggested set of standards for approval exists.
Environmental Law CASC Aug. 28, 2020
Arconic v. APC Investment
Settlement agreement only triggers limitations period for contribution costs if it serves as the basis for seeking contribution.
Environmental Law 9th Aug. 11, 2020
Environmental Protection Information Center v. Carlson
District court incorrectly denied plaintiff's request for preliminary injunction because plaintiff had shown it will likely succeed on the merits.
Environmental Law 9th Aug. 4, 2020
National Family Farm Coalition v. U.S. Environmental Protection Agency
Petition challenging Environmental Protection Agency's decision in registering pesticide under Federal Insecticide, Fungicide, and Rodenticide Act was denied.
Environmental Law 9th Jul. 23, 2020
NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales.
Environmental Law 9th Jul. 10, 2020
Crow Indian Tribe v. State of Wyoming
Montana district court's orders remanding to Fish & Wildlife Services 2017 Rule governing Greater Yellowstone grizzly bear population was affirmed, with the exception of a 'comprehensive review' order of remnant grizzly population.
Environmental Law 9th Jul. 9, 2020
American Wild Horse Campaign v. Bernhardt
Bureau of Land Management's plan to 'geld and release' wild horses in American West did not violate National Environmental Policy Act because plan did not have significant effects on environment.
Environmental Law 9th Jul. 6, 2020