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County of Maui v. Hawaii Wildlife Fund
Clean Water Act requires permit from Environmental Protection Agency when there is direct discharge from point source into navigable waters or when there is 'functional equivalent of a direct discharge.'
Environmental Law USSC Apr. 24, 2020
In re Natural Resources Defense Council Inc.
EPA unreasonably and egregiously delayed performance of its statutory duties on critical matter of public health which warranted extraordinary remedy of issuing writ of mandamus.
Environmental Law 9th Apr. 23, 2020
Atlantic Richfield Co. v. Christian
Montana Supreme Court erred by holding that landowners whose properties were contaminated were not potentially responsible parties under Comprehensive Environmental Response, Compensation and Liability Act.
Environmental Law USSC Apr. 21, 2020
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 Apr. 9, 2020
Coalition for an Equitable Westlake/Macarthur Park v. City of Los Angeles
Plaintiff's California Environmental Quality Act claims were barred because they were filed more than 30 days after Notice of Determination.
Environmental Law 2DCA/5 Apr. 6, 2020
Mountainlands Conservancy, LLC v. California Coastal Commission
California Coastal Commission certification of local coastal program for Santa Monica Mountains conformed with Public Resources Code Section 30242 because land was unsuitable for agriculture.
Environmental Law 2DCA/8 Apr. 3, 2020
Modification: King and Gardiner Farms, LLC v. County of Kern
Mitigation measure for project's significant impacts to water supplies inappropriately deferred formulation of the measures and thus violated California Environmental Quality Act.
Environmental Law 5DCA Mar. 25, 2020
Save the Agoura Cornell Knoll v. City of Agoura Hills
Petitioners were not barred from recovering attorney's fees based on failing to strictly comply with California Environmental Quality Act's 10-day notice requirement.
Environmental Law 2DCA/7 Mar. 19, 2020
Environmental Council of Sacramento v. County of Sacramento
County's description in Environmental Impact Report was legally adequate because it contained good faith efforts and was not required to assess future developments.
Environmental Law 3DCA Mar. 4, 2020
King and Gardiner Farms, LLC v. County of Kern
Mitigation measure for project's significant impacts to water supplies inappropriately deferred formulation of the measures and thus violated California Environmental Quality Act.
Environmental Law 5DCA Mar. 3, 2020
Modification: Sturgell v. Dept. of Fish and Wildlife
A sale and transfer of Dungeness Crab Vessel permit approved by the Department of Fish and Wildlife rendered the appeal reinstating respondent's permit moot.
Environmental Law 1DCA/2 Jan. 6, 2020
Covington v. Great Basin Unified Air Pollution Control Dist.
Mitigation measures that aim to detect greenhouse gas emissions are adequate to ensure energy facilities adhere to their emission limitation commitments; detection is sufficient to deter non-compliance.
Environmental Law 3DCA Dec. 26, 2019
Columbia Riverkeeper v. Wheeler
Constructive submission found where state failed over long period of time to submit 'total maximum daily loads' under Clean Water Act, and clearly and unambiguously decided not to submit any TMDL.
Environmental Law 9th Dec. 23, 2019
Modification: United Artists Theater Circuit v. Regional Water Quality Control Board
Prior owner may be named in cleanup order as one who 'permitted' discharge if it knew or should have known that lessee's activity presented a reasonable possibility of hazardous waste discharge.
Environmental Law 1DCA/5 Dec. 20, 2019
Holden v. City of San Diego
City reasonably concluded that project is compatible with General Plan and Community Plan; thus, project was exempt from CEQA requirements.
Environmental Law 4DCA/1 Dec. 17, 2019
Sturgell v. Dept. of Fish and Wildlife
A sale and transfer of Dungeness Crab Vessel permit approved by the Department of Fish and Wildlife rendered the appeal reinstating respondent's permit moot.
Environmental Law 1DCA/2 Dec. 10, 2019
U.S. v. Exxon Mobil Corp.
42 U.S.C. Section 7412 authorizes the U.S. Chemical Safety and Hazard Investigation Board to investigate not just an oil refinery's release of hazardous materials, but prospective damage as well.
Environmental Law 9th Dec. 10, 2019
United Artists Theater Circuit v. Regional Water Quality Control Board
Prior owner may be named in cleanup order as one who 'permitted' discharge if it knew or should have known that lessee's activity presented a reasonable possibility of hazardous waste discharge.
Environmental Law 1DCA/5 Dec. 3, 2019
Safer Chemicals, Healthy Families v. U.S. Environmental Protection Agency
Petition for review pursuant to Toxic Substances Control Act granted only as to claim that EPA's exclusion of legacy uses and associated disposals contradicted TSCA's statutory definition of 'conditions of use.'
Environmental Law 9th Nov. 15, 2019
Atlantic Richfield v. Central Valley Regional Water Quality
A parent company may have direct liability for hazardous waste caused by its subsidiary if it is found to control the activities responsible for the waste.
Environmental Law 3DCA Oct. 16, 2019
Maacama Watershed Alliance v. County of Sonoma
Opinions of local residents, based largely on views of different structure, did not constitute substantial evidence that winery will have a significant aesthetic impact; thus, judgment was affirmed.
Environmental Law 1DCA/4 Oct. 9, 2019
Chico Advocates for a Responsible Economy v. City of Chico
Likely loss of "close and convenient shopping" was not an environmental issue requiring review under CEQA, and the City of Chico's reasons for its decisions were not clearly inadequate or unsupported.
Environmental Law 3DCA Oct. 4, 2019
Protect Our Communities Foundation v. LaCounte
New information relating to adverse impact to golden eagles from wind turbines was not significant under National Environmental Protection Act because it merely confirmed concerns that environmental impact statement already considered.
Environmental Law 9th Sep. 24, 2019
Lindstrom v. Cal. Coastal Commission
California Coastal Commission's special conditions on approval of coastal development permit were generally acceptable, but special condition 3.b was overbroad and unreasonable as drafted so remand was necessary.
Environmental Law 4DCA/1 Sep. 23, 2019
The Lake Norconian Club Foundation v. Dept. of Corrections
Department of Corrections and Rehabilitation was under no statutory duty to maintain former hotel it owned, so failure to act was not correctible by writ of mandate.
Environmental Law 1DCA/4 Sep. 16, 2019
County of Butte v. Dept. of Water Resources
Plaintiffs cannot challenge aspects of the Federal Power Act's Settlement Agreement process in state court, and 'Friends of the Eel River v. North Coast Railroad Authority' is inapplicable.
Environmental Law 3DCA Sep. 9, 2019
Stopthemillenniumhollywood.com v. City of Los Angeles
Conceptual development scenarios in environmental impact report did not qualify as a stable or finite proposed project, and such nebulous descriptions prejudiced public participation in the CEQA process.
Environmental Law 2DCA/3 Aug. 26, 2019
Union of Medical Marijuana Patients v. City of San Diego
Amending zoning regulations as part of ordinance regulating medical marijuana dispensaries was capable of causing indirect physical environmental changes, so the ordinance was a project necessitating CEQA analysis.
Environmental Law CASC Aug. 20, 2019
Hubbard v. Coastal Commission
Despite intentional misrepresentations in coastal development permit application, substantial evidence supported the Coastal Commission's determination that complete information would not have changed its ruling on the application.
Environmental Law 2DCA/4 Aug. 2, 2019
Hollywoodians Encouraging Rental Opportunities v. City of L.A.
City properly concluded that hotel project would have no impact on population and housing because it would not displace any tenants or eliminate any rental units; thus, CEQA claim failed.
Environmental Law 2DCA/3 Jul. 23, 2019