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State of Nevada v. U.S. Dept. of Energy
Nuclear Waste Policy Act doesn't require Energy Department to fund state's nuclear waste dump oversight activities.
Environmental Law May 26, 1999
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action if it raises objection to impact report prior to certification.
Environmental Law May 26, 1999
United States v. Pend Oreille County Public Utility District No. 1
Value of tribe's property as part of utility project can be used to determine trespass damages.
Environmental Law May 22, 1999
Westhaven Community Development Council v. County of Humboldt
Forest Practice Act pre-empts county ordinance creating local permit requirements for timber operations.
Environmental Law May 21, 1999
Tyler v. Cisneros
Historic Preservation Act claims regarding federal housing funds after release, aren't barred by statute of limitations
Environmental Law May 21, 1999
Tucson Airport Authority v. General Dynamics Corp.
Administrative Procedure Act doesn't waive government's sovereign immunity for war contractor's suit under Contract Settlement Act.
Environmental Law May 21, 1999
Northcoast Environmental Center v. Glickman
Federal agency's 'action plan' setting species preservation and timber sales guideline doesn't require environmental impact statement.
Environmental Law May 20, 1999
Administrator, State of Arizona v. U. S. Environmental Protection Agency
Tribe's plan for redesignation of reservation lands under Clean Air Act satisfies procedural requirements.
Environmental Law May 20, 1999
Bolsa Chica Land Trust v. Superior Court (Bolsa Chica Land Trust)
Coastal Act doesn't permit destruction of environmentally sensitive habitat area simply based on proposed offsite mitigation.
Environmental Law May 20, 1999
San Dieguito Partnership, L.P. v. San Dieguito River Valley Regional Open Space Park Joint Powers Authority
Attorney fee award in California Environmental Quality Act action is excessive.
Environmental Law May 19, 1999
Southwest Center for Biological Diversity v. U.S. Bureau of Reclamation
Notice of violation under Endangered Species Act must expressly state intent to sue.
Environmental Law May 12, 1999
Idaho Sporting Congress v. Thomas
Forest Service must provide data showing proposed timber sale will not result in significant environmental impact.
Environmental Law May 11, 1999
Idaho Sporting Congress v. Thomas
Forest Service must provide data showing proposed timber sale will not result in significant environmental impact.
Environmental Law May 10, 1999
San Bernardino Valley Audubon Society v. Metropolitan Water District of Southern California (Riverside County Habitat Conservation Agency)
Mitigated negative declaration insufficient, and environmental impact report required, where project's impact on environment is significant.
Environmental Law May 6, 1999
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Private citizens can seek civil monetary penalties for on-going violations of the Clean Water Act.
Environmental Law Apr. 29, 1999
Lake Tahoe Watercraft v. Tahoe Regional Planning Agency
Congressional consent to bi-state compact is conscious effort by state participants to impose federal sanction on actions affecting important regional interests.
Environmental Law Apr. 29, 1999
Public Service Company of Colorado v. Gates Rubber Company
Cleanup costs cannot be recovered if not consistent with federal plan.
Environmental Law Apr. 26, 1999
Forest Guardians v. Babbitt
Interior Department must comply with deadline to designate endangered species' critical habitat, despite fiscal constraints.
Environmental Law Apr. 22, 1999
United States v. Bestfoods
Parent company has CERCLA liability only where corporate veil is pierced or parent actively operated facility.
Environmental Law Apr. 14, 1999
City of Vernon v. Board of Harbor Commissioners
City's general predisposition to favor project doesn't render environmental impact report a 'post hoc rationalization.'
Environmental Law Apr. 14, 1999
City of Vernon v. Board of Harbor Commissioners
City's general predisposition to favor project doesn't render environmental impact report a 'post hoc rationalization.'
Environmental Law Apr. 14, 1999
Fall River Wild Trout Foundation v. County of Shasta (Fall River Ranches)
California Environmental Quality Act requires notice of intent to adopt mitigated negative declaration be given to both the public and trustee agency.
Environmental Law Apr. 14, 1999
County of Santa Cruz v. California State Board of Forestry
Rule permitting timber owner or operator to cut without harvesting plan in case of financial emergency is valid.
Environmental Law Apr. 13, 1999
Natural Resources Defense Council v. Houston
Endangered Species Act requires Bureau of Reclamation to consult other agencies before renewing water contracts.
Environmental Law Apr. 11, 1999
A & W Smelter and Refiners Inc. v. Clinton
Right to reimbursement of response costs depends on whether substance was waste and whether it was released.
Environmental Law Apr. 11, 1999
Kettle Range Conservation Group v. U.S. Forest Service
Supplemental environmental impact statement weighing effects of fire on planned timber sale is adequate.
Environmental Law Apr. 5, 1999
United States v. Chapman
Government may recover reasonable attorney fees from party liable for response costs under CERCLA.
Environmental Law Apr. 5, 1999
Churchill County v. Babbitt
Municipalities may sue to force environmental impact statement regarding water rights acquisition plan.
Environmental Law Apr. 2, 1999
San Elijo Ranch Inc. v. County of San Diego
City, but not private party, is entitled to writ of mandate forcing county to landscape landfill.
Environmental Law Apr. 2, 1999
Kettle Range Conservation Group v. U.S. Bureau of Land Management
Court properly declines to void land transfers by Bureau of Land Management to absent private entities.
Environmental Law Apr. 2, 1999