Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A131254
|
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Proposed construction of dwelling does not qualify for categorical exemption from California Environmental Quality Act because its size creates 'unusual circumstances.' |
Environmental Law |
|
Feb. 16, 2012 | |
10-16711
|
Adams v. United States Forest Service
Forest Services may not charge fees to certain Mount Lemmon recreational visitors who meet Federal Lands Recreation Enhancement Act's blanket fee prohibition. |
Environmental Law |
|
Feb. 10, 2012 | |
10-17896
|
The Save The Peaks Coalition v. United States Forest Service
Although court improperly applied laches, error was not prejudicial since plaintiffs’ claim alleging National Environmental Protection Act violation lacks merit. |
Environmental Law |
|
Feb. 10, 2012 | |
10-17636
|
Tri-Valley CAREs v. U.S. Dept. of Energy
Dept. of Energy's environmental assessment is adequate where it provides convincing statement on environmental impacts of possible terrorist attacks on proposed laboratory. |
Environmental Law |
|
Feb. 8, 2012 | |
08-17565
|
Pacific Rivers Council v. United States Forest Service
U.S. Forest Service fails to take requisite 'hard look' at environmental consequences of changes to Sierra Nevada Forest Plan with respect to fish species. |
Environmental Law |
|
Feb. 6, 2012 | |
B230095
|
Sierra Club v. California Dept. of Parks and Recreation
Petition to compel amendment of general development plan to ban off-highway vehicle activity on land tract is properly denied where plaintiff failed to allege ministerial duty. |
Environmental Law |
|
Feb. 3, 2012 | |
A129896
|
Citizens for East Shore Parks v. California State Lands Commission (Chevron U.S.A. Inc.)
Additional mitigation measures are not required under public trust doctrine where State Lands Commission complied with CEQA and there were no changes in public trust use. |
Environmental Law |
|
Jan. 31, 2012 | |
09-71383
|
Association of Irritated Residents v. United States Environmental Protection Agency
Agency arbitrarily approves attainment plan revision by failiing to evaluate existing plan and determining its necessity in ensuring compliance with Clean Air Act. |
Environmental Law |
|
Jan. 30, 2012 | |
C064875
|
Center for Sierra Nevada Conservation v. Co. of El Dorado
County violated environmental protection laws by not preparing new environmental impact report before adopting new oak woodland management plan. |
Environmental Law |
|
Jan. 23, 2012 | |
10-71457
|
Sierra Club v. United States Environmental Protection Agency
Environmental Protection Agency’s reliance on outdated and inaccurate data in approving state’s implementation is arbitrary and capricious thereby violating Clean Air Act. |
Environmental Law |
|
Jan. 23, 2012 | |
02-71657
|
Montana Sulphur and Chemical Co. v. EPA
EPA does not act arbitrarily or capriciously in enacting various regulations requiring continuous compliance with SO2 emissions limits for sulfur recovery plant. |
Environmental Law |
|
Jan. 20, 2012 | |
B230095
|
Sierra Club v. California Dept. of Parks and Recreation
Petition to compel amendment of general development plan to ban off-highway vehicle activity on land tract is properly denied where plaintiff failed to allege ministerial duty. |
Environmental Law |
|
Jan. 10, 2012 | |
H035818
|
The Flanders Foundation v. City of Carmel-by-the-Sea
City is not required to consider environmental impacts from use of property as affordable housing where such use is not reasonably foreseeable. |
Environmental Law |
|
Jan. 5, 2012 | |
A129896
|
Citizens for East Shore Parks v. California State Lands Commission (Chevron U.S.A. Inc.)
Additional mitigation measures are not required under public trust doctrine where State Lands Commission complied with CEQA and there were no changes in public trust use. |
Environmental Law |
|
Jan. 3, 2012 | |
97-70037
|
Northern Plains Resource Council Inc. v. The Surface Transportation Board
Surface Transportation Board fails to take requisite 'hard look' at environmental impacts prior to approving applications to build railroad line for hauling coal. |
Environmental Law |
|
Dec. 30, 2011 | |
D057446
|
City of San Diego v. Board of Trustees of the California State University
Agency erroneously concludes that its inability to obtain funding from Legislature in mitigating project’s environmental effects is sufficient for CEQA compliance. |
Environmental Law |
|
Dec. 14, 2011 | |
B231965
|
Ballona Wetlands Land Trust v. City of Los Angeles (Playa Capital Co. LLC)
Revised environmental impact report adequately discusses impacts of sea level rise due to global warming where response to comments suggested that inundation would not occur. |
Environmental Law |
|
Dec. 6, 2011 | |
09-36051
|
Montana Wilderness Association v. McAllister
U.S. Forest Service must consider increased volume of motorized recreational use in determining whether wilderness character of designated area has been maintained. |
Environmental Law |
|
Dec. 2, 2011 | |
B226105
|
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. |
Environmental Law |
|
Nov. 25, 2011 | |
H036310
|
Pfeiffer v. City of Sunnyvale City Council (Palo Alto Medical Foundation)
Environmental impact report does not use incorrect traffic baseline for measuring project's traffic impacts where report considered existing and future conditions. |
Environmental Law |
|
Nov. 25, 2011 | |
C065068
|
Friends of Shingle Springs Interchange Inc. v. County of El Dorado (Convenience Retailers LLC)
Doctrine of substantial compliance with corporate suspension statutes does not apply in CEQA and Planning and Zoning law challenges to avoid statutes of limitations. |
Environmental Law |
|
Nov. 23, 2011 | |
09-36100
|
Greater Yellowstone Coalition Inc. v. Servheen
Rule removing Yellowstone grizzly bear from list of threatened wildlife is improper due to unsupported determination that decline in food source would not threaten bear. |
Environmental Law |
|
Nov. 23, 2011 | |
10-35596
|
Rock Creek Alliance v. U.S. Fish and Wildlife
U.S. Fish and Wildlife Service properly relies on large-scale analysis in evaluating mine's impact on threatened trout where impacts were also considered in detail. |
Environmental Law |
|
Nov. 17, 2011 | |
B226105
|
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. |
Environmental Law |
|
Nov. 16, 2011 | |
B226105
|
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. |
Environmental Law |
|
Oct. 28, 2011 | |
10-35623
|
Russell Country Sportsmen v. U.S. Forest Service
Montana Wilderness Study Act of 1977 does not prohibit U.S. Forest Service from enhancing wilderness character of study area to preserve character against decline. |
Environmental Law |
|
Oct. 12, 2011 | |
B225796
|
Ross v. California Coastal Commission (Malibu Bay Co.)
Five-foot buffer for dune environmentally sensitive habitat area adjacent to beachfront development does not conflict with city’s development standards. |
Environmental Law |
|
Oct. 11, 2011 | |
B225058
|
Hillside Memorial Park and Mortuary v. Golden State Water Co.
Court must admit evidence, and if necessary, suggest physical solution for use of dewatered acreage if parties cannot resolve issue in motion to amend judgment. |
Environmental Law |
|
Sep. 27, 2011 | |
10-16916
|
Team Enterprises LLC v. Western Investment Real Estate Trust
Under CERCLA, manufacturer does not ‘arrange for disposal’ of hazardous substances where purpose of product is to recover hazardous substances, not disposal. |
Environmental Law |
|
Sep. 26, 2011 | |
F059153
|
Madera Oversight Coalition Inc. v. City of Madera (Tesoro Viejo Inc.)
Environmental impact report that fails to discuss crucial information related to uncertainty of water supply for project is inadequate under California Environmental Quality Act. |
Environmental Law |
|
Sep. 14, 2011 |