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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
Center for Biological Diversity v. Export-Import Bank of the U.S.
Judgment affirmed where plaintiff fails to establish redressability even under relaxed standards. 		Environmental Law 9th Jun. 29, 2018
Modification: Mateel Environmental v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' 		Environmental Law 1DCA/2 Jun. 25, 2018
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 Jun. 15, 2018
County of Ventura v. City of Moorpark
Settlement agreement that constitutes action necessary to mitigate emergency is exempt from CEQA per statutory exemption. 		Environmental Law 2DCA/6 Jun. 13, 2018
Washington v. United States
The judgment of the 9th U.S. Circuit Court of Appeals was affirmed by an equally divided Court, with Justice Anthony Kennedy not taking part in consideration of the case. 		Environmental Law USSC Jun. 12, 2018
Mateel Environmental etc. v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' 		Environmental Law 1DCA/2 Jun. 7, 2018
Alliance for Calif. Business v. State Air Resources Bd.
Plaintiffs who sought to invalidate a state regulation lacked subject matter jurisdiction, where state Air Resources Control Board regulation had been adopted by EPA and become federal law. 		Environmental Law 3DCA May 31, 2018
Jensen v. City of Santa Rosa
City not required to conduct an CEQA analysis where complaining parties unable to substantiate their noise impact claims. 		Environmental Law 1DCA/4 May 30, 2018
California Dept. of Toxic Substances Control v. Westside Delivery
Purchaser of tax-defaulted, contaminated facility is in 'contractual relationship' with prior owner for purposes of CERCLA's third-party affirmative defense. 		Environmental Law 9th Apr. 30, 2018
Monsanto Co. v. Office of Environmental Health Hazard Assessment
A state's reliance on a branch of the World Health Organization's expertise was not an unconstitutional delegation of authority, so pesticide manufacturer's argument was unable to prevent having its pesticide listed under California's Proposition 65. 		Environmental Law 5DCA Apr. 23, 2018
Rodeo Citizens Assn. v. County of Contra Costa
Refinery project proposal's description was accurate, since substantial evidence indicated that the project complied with the requirement under CEQA 		Environmental Law 1DCA/3 Apr. 16, 2018
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. 		Environmental Law 9th Apr. 10, 2018
National Wildlife Federation v. National Marine Fisheries Service
Injunctions affirmed in part where plaintiff effectively shows that it is 'likely to suffer irreparable harm' in absence of injunction. 		Environmental Law 9th Apr. 3, 2018
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