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Name Category Published
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
Golden Door Properties, LLC v. County of San Diego
Trial court erred in determining that Supplemental Environmental Impact Report contained inconsistent geographic scope because plaintiffs failed to adequately exhaust administrative remedies on that issue. 		Environmental Law 4DCA/1 Jun. 16, 2020
Modification: Willow Glen Trestle Conservancy v. City of San Jose
City's actions in connection with Streambed Alteration Agreement could not be construed as 'approval of project' requiring further environmental review under CEQA. 		Environmental Law 6DCA Jun. 11, 2020
Modification: Delta Stewardship Council Cases
Delta Reform Act did not require Council to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the Act. 		Environmental Law 3DCA Jun. 9, 2020
National Family Farm Coalition v. U.S. Environmental Protection Agency
Substantial evidence did not support EPA's decision to grant registration for dicamba herbicides as required under Federal Insecticide, Fungicide, and Rodenticide Act. 		Environmental Law 9th Jun. 5, 2020
In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
Congress intended to allow states to enforce anti-tampering rules related to post-sale vehicles, and such rules are not impliedly preempted. 		Environmental Law 9th Jun. 3, 2020
Valero Refining Co. v. Bay Area Air Quality
Hearing board applied correct standard of review in determining whether agency official's interpretation of regulation was correct because it was not empowered to evaluate its fairness. 		Environmental Law 1DCA/2 Jun. 1, 2020
Stand Up For California! v. U.S. Dept. of the Interior
Agency was required to conduct Environmental Impact Statement because Indian Gaming Regulatory Act did not foreclose consideration of other federal law. 		Environmental Law 9th May 28, 2020
Willow Glen Trestle Conservancy v. City of San Jose
City's actions in connection with Streambed Alteration Agreement could not be construed as 'approval of project' requiring further environmental review under CEQA. 		Environmental Law 6DCA May 20, 2020
Delta Stewardship Council Cases
Delta Reform Act did not require Council to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the Act. 		Environmental Law 3DCA May 14, 2020
Center for Biological Diversity v. Esper
NHPA Section 402 compliance does not require agency to consult with specific parties or permit direct public participation. 		Environmental Law 9th May 7, 2020
Modification: Communities for a Better Environment v. South Coast Air Quality Management District
Agency's choice of using near-peak baseline was sound because it followed the practice of the federal Environmental Protection Agency. 		Environmental Law 2DCA/8 May 6, 2020
Bark v. United States Forest Service
Environmental Impact Statement was required because Plaintiffs raised substantial questions on whether project would affect quality of human environment. 		Environmental Law 9th May 5, 2020
Oregon Natural Desert Association v. United States Forest Service
Forest Service had no duty to memorialize each site-specific authorization's consistency with the Forest Plan. 		Environmental Law 9th May 4, 2020
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