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Sturgeon v. Masica
Federal regulation prohibiting use of hovercrafts on waters in national parks applies to state-owned lands that fall within conservation system units in Alaska.
Environmental Law Oct. 6, 2014
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
North Coast Railroad Authority project for resuming railroad line is not subject to CEQA, due to preemption by Interstate Commerce Commission Termination Act.
Environmental Law Sep. 30, 2014
Picayune Rancheria of Chukchansi Indians v. Brown (NP Fresno Land Acquisitions LLC)
Governor Brown’s concurrence with Dept. of Interior’s approval of tribe’s proposed casino in Madera County does not require environmental impact report under CEQA.
Environmental Law Sep. 24, 2014
Friends of the Wild Swan v. Weber
Group fails to preliminarily prevent logging projects in Montana's Flathead National Forest where their cumulative impacts would not cause imminent injury.
Environmental Law Sep. 24, 2014
The Boeing Co. v. Movassaghi
California’s Senate Bill 900, which prescribes cleanup standards for radioactive contamination at Santa Susana Field Laboratory, invalidly regulates federal government.
Environmental Law Sep. 21, 2014
United States v. The Coeur D’Alenes Co.
District court need not consider potentially responsible parties' degree of fault in approving consent decree, based on ability to pay, for recovery of cleanup costs.
Environmental Law Sep. 16, 2014
Coalition for Adequate Review v. City and County of San Francisco
After winning CEQA case, city may recover costs incurred in preparing supplemental record of proceedings, even where petitioners chose to prepare record themselves.
Environmental Law Sep. 15, 2014
Montana Environmental Information Center v. Stone-Manning
Environmental groups may not sue Montana official regarding anticipated approval of pending mining permits, despite alleged history of improper approvals.
Environmental Law Sep. 11, 2014
Rominger v. County of Colusa (Adams Group Inc.)
County may argue developer’s proposed subdivision is not a project for purposes of CEQA's requirements, even though it approved a mitigated negative declaration.
Environmental Law Sep. 9, 2014
Alaska Community Action on Toxics v. Aurora Energy Services LLC
General permit for stormwater discharges does not shield coal loading facility from Clean Water Act liability based on discharges of coal into bay.
Environmental Law Sep. 3, 2014
Citizens for the Restoration of L Street v. City of Fresno (FFDA Properties LLC)
Although historic preservation commission’s approval of mitigated negative declaration for project violated CEQA, city properly finds no historical resources would be impacted.
Environmental Law Sep. 1, 2014
ASARCO LLC v. Union Pacific Railroad Co.
Mining company’s amended complaint based on previously excluded facts in CERCLA contribution action is timely, as it related back to date of original complaint.
Environmental Law Aug. 27, 2014
Center for Community Action and Environmental Justice v. BNSF Railway Co.
Railway companies do not have to stop emissions of diesel particulate matter from railyards, given they do not initially place exhaust onto land or water.
Environmental Law Aug. 20, 2014
Sierra Club v. U.S. Environmental Protection Agency
Builder of power plant must demonstrate compliance with new environmental regulations in effect when project permit was issued, even if EPA delayed issuance.
Environmental Law Aug. 12, 2014
Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores Inc.)
City does not need to conduct full environmental analysis under CEQA after directly adopting voter-sponsored initiative for proposed expansion of Wal-Mart.
Environmental Law Aug. 7, 2014
State of Arizona v. Ashton Co. Inc.
District court fails to independently scrutinize consent agreements regarding cleanup of Arizona landfill, affording undue deference to Arizona Dept. of Environmental Quality.
Environmental Law Aug. 3, 2014
People of the State of California ex rel. Imperial County Air Pollution Control District v. U.S. Dept. of the Interior
Secretary of Interior complies with NEPA in approving environmental impact statement regarding effects of water transfer agreements on Salton Sea.
Environmental Law Aug. 3, 2014
Citizens Opposing a Dangerous Environment v. County of Kern (North Sky River Energy LLC)
County’s approval of wind farm does not violate CEQA because mitigation measure requiring compliance with FAA regulations minimizes air safety hazards.
Environmental Law Jul. 27, 2014
Town of Atherton v. California High-Speed Rail Authority
California High-Speed Rail Authority properly refuses alternatives to laying track for trains traveling from Central Valley to Bay Area through Pacheco Pass.
Environmental Law Jul. 24, 2014
WildEarth Guardians v. U.S. EPA
Environmental group loses challenge to EPA’s approval of plan for changes at generating station and to improve visibility conditions in Nevada wilderness area.
Environmental Law Jul. 17, 2014
Light v. State Water Resources Control Board
State Water Resources Control Board has authority to enact regulations restricting commercial use of Russian River water by agriculturalists to protect endangered salmon.
Environmental Law Jul. 14, 2014
Citizens for a Sustainable Treasure Island v. City and County of San Francisco (Treasure Island Community Development LLC)
Environmental impact report adequately analyzes San Francisco’s conversion of Treasure Island into mixed-use community, regardless of whether report was ‘project-level.’
Environmental Law Jul. 8, 2014
North Coast Rivers Alliance v. Westlands Water District (United States Bureau of Reclamation)
Interim renewal contracts, allowing water districts to continue receiving water in accordance with 40-year service contract, are exempt from CEQA requirements.
Environmental Law Jul. 7, 2014
City of Los Angeles v. County of Kern
City of Los Angeles’ state action against Kern County, seeking to enjoin its ban on use of biosolids as fertilizer, is untimely filed after federal court’s dismissal.
Environmental Law Jul. 7, 2014
Citizens Against Airport Pollution v. City of San Jose
City of San Jose is not required to conduct further environmental review due to adjustments in existing plan to improve San Jose International Airport.
Environmental Law Jul. 6, 2014
SPRAWLDEF v. San Francisco Bay Conservation and Development Commission (Waste Connections Inc.)
Landfill expansion project moves forward because agency’s rejection of reduced-size alternative as economically infeasible was reasonable.
Environmental Law Jun. 26, 2014
Utility Air Regulatory Group v. EPA
EPA may regulate greenhouse gas emissions from ‘stationary sources’ by requiring sources to comply with ‘best available control technology’ provisions.
Environmental Law Jun. 23, 2014
Light v. State Water Resources Control Board
State Water Resources Control Board has authority to enact regulations restricting commercial use of Russian River water by agriculturalists to protect endangered salmon.
Environmental Law Jun. 17, 2014
Citizens for a Green San Mateo v. San Mateo County Community College District
Environmental group’s challenge to San Mateo college district’s removal of trees on campus as part of facility improvement project fails as untimely filed.
Environmental Law Jun. 17, 2014
CTS Corp. v. Waldburger
CERCLA does not preempt North Carolina’s statute of repose, barring landowner’s tort claim against electronics plant operator who sold plant 24 years ago.
Environmental Law Jun. 10, 2014