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Sierra Club v. County of Fresno
Environmental Impact Report was inadequate under the California Environmental Quality Act; health impacts resulting from the adverse air quality impacts must be identified, analyzed and sufficiently discussed. 		Environmental Law CASC Dec. 27, 2018
County of Butte v. Dept. of Water Resources
Plaintiffs cannot challenge the environmental sufficiency of the Oroville Facilities Project in state courts because jurisdiction to review the matter lies with the Federal Energy Regulatory Commission. 		Environmental Law 3DCA Dec. 24, 2018
Sierra Club v. USFWS
U.S. Department of Fish and Wildlife Services and the National Marine Fisheries Service's April 2014 draft jeopardy opinion was pre-decisional and deliberative; thus, exempt from Freedom of Information Act. 		Environmental Law 9th Dec. 24, 2018
Georgetown Preservation Society v. County of El Dorado
Personal observation on nontechnical issues, such as aesthetics, can constitute substantial evidence when determining whether an environmental impact report is required under the fair argument standard. 		Environmental Law 3DCA Dec. 19, 2018
San Francisco Baykeeper v. State Lands Commission
The public trust doctrine protects and promotes public uses of trust property, and is only construed with liberality if it benefits all the people of the state, not private parties. 		Environmental Law 1DCA/4 Nov. 29, 2018
High Sierra Rural Alliance v. County of Plumas
Plumas County's general plan update does not violate the Timberland Act; Government Code Section 51104 suffices to supply the restrictions on residences and structures on timberland production zone parcels. 		Environmental Law California Courts of Appeal Nov. 19, 2018
Havasupai Tribe v. Provencio
National Historic Preservation Act did not obligate United States Forest Service to take Red Butte into account when it conducted a full consultation in 1986; it was not a 'historic property' then. 		Environmental Law 9th Oct. 26, 2018
Save Our Heritage Organisation v. City of San Diego
CEQA Guidelines Section 15164 valid because it implements Section 21166's objective of balancing the consideration of environmental consequences in public decision making with interests in finality and efficiency. 		Environmental Law 4DCA/1 Oct. 25, 2018
Monterey Coastkeeper v. State Water Resources Control Board
Trial court's findings as to the inadequacy of State Board's tiering provisions of its modified waiver of discharge requirements was not supported by substantial evidence; thus the judgment was modified but otherwise affirmed. 		Environmental Law 3DCA Oct. 19, 2018
Golden Door Properties v. Co. of San Diego
Trial court properly ruled that a matter was unripe, where the controversy did not apply to a specific facts. 		Environmental Law 4DCA/1 Oct. 1, 2018
Atwell v. City of Rohnert Park
Trial court properly found that a petition barred by res judicata where prior plaintiffs sued over similar city action approving retail development. 		Environmental Law 1DCA/1 Sep. 28, 2018
Tin Cup v. USACE
District court did not err in granting summary judgment to the U.S. Army Corps of Engineers where plaintiff hadn't shown a clear statement from Congress that the 1993 Budget Act enacted a mandatory permanent change in substantive law. 		Environmental Law 9th Sep. 24, 2018
Bottini v. City of San Diego
CEQA applies to certain nonexempt discretionary acts, but 'ministerial' acts are specifically beyond its reach. 		Environmental Law 4DCA/1 Sep. 20, 2018
Pakootas v. Teck Cominco Metals
Under 'Calder' test, personal jurisdiction over foreign company not improper where company's toxic waste dumping into river flowing into forum state demonstrates company 'expressly aimed at the forum state.' 		Environmental Law 9th Sep. 17, 2018
Bohmker v. State of Oregon
District court properly granted summary judgment where the mining restrictions set forth in a state bill were not preempted by federal law. 		Environmental Law 9th Sep. 13, 2018
Friends of Riverside's Hills v. City or Riverside
Appellant's claims alleging that a development might violate land use provisions in the future was not a ground for preparing an Environmental Impact Review under the California Environmental Quality Act. 		Environmental Law 4DCA/2 Sep. 10, 2018
Turlock Irrigation District v. FERC
FERC improperly denied complaints by the Districts when it misinterpreted the definition of "Adverse Impact", without determining whether changes could result in reductions in transmissions. 		Environmental Law 9th Sep. 7, 2018
Environmental Law Foundation v. State Water Resources Control Bd.
The public trust doctrine applies to the extraction of groundwater that adversely impacts a navigable waterway. 		Environmental Law 3DCA Aug. 31, 2018
Montana Environmental Information Center v. Thomas
EPA's approval of state implementation plan not arbitrary or capricious where agency's interpretation of ambiguous language is reasonable. 		Environmental Law 9th Aug. 31, 2018
San Franciscans v. City and County of San Francisco
Use of future baseline permissible under CEQA-mandated environmental review, where contextual factors recommend and where agency takes informed, deliberate approach. 		Environmental Law 1DCA/4 Aug. 27, 2018
Center for Biological Diversity v. Zinke
Considering only the current range of the arctic grayling when determining whether it was in danger of extinction was a reasonable interpretation of federal statute. 		Environmental Law 9th Aug. 20, 2018
Center for Biological Diversity v. Dept. of Conservation
Safe Water Drinking Act obligates state agency to protect nonexempt aquifers from potential oil and gas contamination, but does not compel agency 'to perform that legal duty in a particular manner.' 		Environmental Law 1DCA/5 Aug. 16, 2018
Alliance for the Wild Rockies v. United States Forest Service
In conceiving conservation project in line with prior, general management plan for national forest, Forest Service must 'consider relevant factors and articulate a rational connection between the facts found and the choice made.' 		Environmental Law 9th Aug. 14, 2018
Protect Niles v. City of Fremont
Where substantial evidence supports 'fair argument' proposed project in historical district may have a 'significant effect on the environment,' impact review rightly ordered under CEQA. 		Environmental Law 1DCA/5 Aug. 13, 2018
League of United Latin American Citizens v. Wheeler
EPA must follow Federal Food, Drug, and Cosmetic Act's standard that pesticides must meet health safety standard such that there is 'reasonable certainty that no harm will result' from aggregate exposure to pesticide. 		Environmental Law 9th Aug. 10, 2018
Restore Hetch Hetchy v. City and County of San Francisco
Savings clause does not prevent federal preemption to ensure continued used of Hetch Hetchy Valley as reservoir, where Congress' intent was clear as to that purpose. 		Environmental Law 5DCA Aug. 6, 2018
LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist.
Under certain circumstances, like where petitioner for writ of administrative mandate causes delay, agency may be awarded costs for preparing record, though petition had elected to do so. 		Environmental Law 2DCA/6 Jul. 30, 2018
CA Water Impact Network v. Co. of San Luis Obispo
Because groundwater well approval 'shall' be issued where applicant meets certain fixed standards, issuing is ministerial act that does not trigger CEQA review. 		Environmental Law California Courts of Appeal Jul. 30, 2018
Alliance for the Wild Rockies v. Savage
Where Forest Service fails to clearly show new road miles in project won't increase baseline miles within protected National Forest area home to threatened grizzly bear species, action is arbitrary and capricious. 		Environmental Law 9th Jul. 27, 2018
Modification: World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions. 		Environmental Law 2DCA/4 Jul. 11, 2018
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