Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-56483
|
TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. |
Environmental Law |
|
M. Christen | Oct. 5, 2017 |
13-36165
|
Sturgeon v. Frost
Federal regulation over river that is public land supersedes state regulation where 'United States has…implied reservation of water rights.' |
Environmental Law |
|
J. Nguyen | Oct. 3, 2017 |
A148400
|
Living Rivers Council v. State Water Resources Control Board
Policy using uncertainty and likelihood of environmental effect to conclude that mitigation measure is infeasible appropriate where likelihood and uncertainty help determine mitigation measure’s success. |
Environmental Law |
|
H. Needham | Oct. 2, 2017 |
D068347
|
Otay Land Co. LLC v. U.E. Limited L.P.
Property owners may seek indemnity from former owners for cleanup costs to property formerly operated as shooting range under Carpenter-Presley-Tanner Hazardous Substances Account Act. |
Environmental Law |
|
T. O'Rourke | Sep. 27, 2017 |
A145632
|
Pesticide Action Network North America v. California Dept. of Pesticide Regulation (Valent U.S.A. Corp.)
California Department of Pesticide Regulation’s failure to comply with CEQA’s substantive requirements in approving amended labels for pesticides requires rescission of approval. |
Environmental Law |
|
P. Siggins | Sep. 21, 2017 |
A145992
|
Respect Life South San Francisco v. City of South San Francisco (Planned Parenthood Mar Monte Inc.)
Group’s strong opposition against anticipated tenant insufficient to overturn city’s determination that proposed project falls within CEQA exemptions. |
Environmental Law |
|
J. Humes | Sep. 20, 2017 |
14-35505
|
Wild Wilderness v. Allen
Group representing non-motorized recreationalists unsuccessful in challenging Forest Service’s approval of parking lot in Deschutes National Forest. |
Environmental Law |
|
J. Nguyen | Sep. 11, 2017 |
15-15894
|
Sierra Club v. Pruitt
States fail to overturn approval of settlement reached by Sierra Club and EPA regarding promulgation of air quality standards. |
Environmental Law |
|
M. McKeown | Aug. 29, 2017 |
H042891
|
The Highway 68 Coalition v. County of Monterey (Omni Resources LLC)
Plaintiff unsuccessful in challenging adverse rulings following challenge to county’s approval of shopping center project. |
Environmental Law |
|
P. Bamattre-Manoukian | Aug. 28, 2017 |
D070553
|
Modification: Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs. |
Environmental Law |
|
Aug. 28, 2017 | |
15-15695
|
Center for Biological Diversity v. Mattis
Plaintiffs challenging approval of military base in Japan successful in reversing motion to dismiss, where court errs in concluding they lack standing or that claim involves political question. |
Environmental Law |
|
M. Murguia | Aug. 22, 2017 |
E065213
|
Modification: Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed. |
Environmental Law |
|
Aug. 18, 2017 | |
14-35723
|
Asarco LLC v. Atlantic Richfield Co.
Ninth Circuit provides clarity to CERCLA contribution action by addressing three issues of first impression and reverses dismissal of contribution action involving East Helena Superfund Site. |
Environmental Law |
|
C. Callahan | Aug. 11, 2017 |
A144268
|
Surfrider Foundation v. Martins Beach 1 LLC
In action challenging closure of public access to beach, landowners unsuccessful in challenging adverse rulings. |
Environmental Law |
|
M. Simons | Aug. 11, 2017 |
E065213
|
Bridges v. Mt. San Jacinto Community College Dist.
Parties must exhaust administrative remedies before filing a California Environmental Quality Act action, where opportunity to seek remedies existed. |
Environmental Law |
|
M. Slough | Aug. 10, 2017 |
D070553
|
Orange Co. Water Dist. v. Sabic Innovative Plastics
Regulatory agency plaintiff may seek reimbursement costs under the Carpenter-Presley-Tanner Hazardous Substance Account Act even if plaintiff is not jointly liable for those costs. |
Environmental Law |
|
J. Haller | Aug. 7, 2017 |
16-35856
|
Alliance for the Wild Rockies v. Pena
Forest project opponent properly denied preliminary injunction where plaintiff failed to demonstrate ‘serious questions’ on its environmental claims under sliding scale variant of ‘Winters’ standard. |
Environmental Law |
|
M. Smith | Aug. 2, 2017 |
S223603
|
Cleveland National Forest Foundation v. San Diego Association of Governments
Regional planning agency does not abuse discretion by declining to include analysis of plan’s consistency with greenhouse gas emission goals set forth in governor’s executive order. |
Environmental Law |
|
G. Liu | Jul. 14, 2017 |
14-35086
|
Ground Zero Center for Nonviolent Action v. United States Dept. of the Navy
In suit challenging expansion of nuclear operating center, summary judgment in Navy’s favor upheld but ‘gag order’ vacated and remanded. |
Environmental Law |
|
M. Berzon | Jun. 28, 2017 |
D070771
|
Orange County Water District v. Alcoa Global Fasteners Inc.
In action seeking recovery of costs associated with remediating groundwater contamination, water district unsuccessful except as to one alleged polluter. |
Environmental Law |
|
Jun. 4, 2017 | |
D070562
|
Orange County Water District v. MAG Aerospace Industries Inc.
Motion for judgment properly granted against water district although trial court applied wrong causation standard where error was harmless. |
Environmental Law |
|
Jun. 4, 2017 | |
D070171
|
Coastal Environmental Rights Foundation v. California Regional Water Quality Control Board
Plaintiff unsuccessful in challenging regional water quality control board's approval of fireworks permit over region's surface waters. |
Environmental Law |
|
Jun. 2, 2017 | |
F073340
|
POET LLC v. State Air Resources Board
On rehearing, appellate court echoes prior holding finding Air Resources Board's purported compliance with operative writ deficient and emphasizes appropriate remedy following erroneously discharged writ. |
Environmental Law |
|
Jun. 1, 2017 | |
15-72308
|
Natural Resources Defense Council v. U.S. Environmental Protection Agency
EPA's grant of conditional registration for pesticide that uses nanosilver as active ingredient vacated because it fails to satisfy FIFRA's public-interest requirement. |
Environmental Law |
|
May 31, 2017 | |
F073018
|
Association of Irritated Residents v. Dept. of Conservation (Aera Energy LLC)
Environmental groups challenging approval of new oil wells victorious in reversing judgment, where trial court errs in sustaining demurrer on grounds of res judicata. |
Environmental Law |
|
May 30, 2017 | |
A148508
|
Friends of Outlet Creek v. Mendocino County
Environmental advocates may bring suit against air quality district under CEQA directly; need not employ administrative mandamus section. |
Environmental Law |
|
May 30, 2017 | |
15-35232
|
In re Big Thorne Project and 2008 Tongass Forest Plan
Forest Service's approval of logging project in Alaska does not violate National Forest Management Act, dealing blow to environmental groups advocating for rare indigenous wolves. |
Environmental Law |
|
May 24, 2017 | |
15-55806
|
Defenders of Wildlife v. Zinke
Summary judgment properly granted in federal defendants' favor in action challenging approval of right-of-way over federal land based on possible impact on desert tortoise. |
Environmental Law |
|
May 19, 2017 | |
14-35786
|
Alliance for the Wild Rockies v. Bradford
Plaintiffs unsuccessful in challenging U.S. Forest Service's construction of 4.7 miles of new roads in Montana forest, where new roads do not violate forest plan. |
Environmental Law |
|
May 18, 2017 | |
A135892
|
Friends of the College of San Mateo Gardens v. San Mateo County Community College District
In CEQA action challenging approval of facilities improvement plan, community college district's use of addendum contravenes CEQA's subsequent review provisions. |
Environmental Law |
|
May 9, 2017 |