Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A166091
|
Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis. |
Environmental Law |
|
A. Tucher | Sep. 22, 2023 |
22-16483
|
Earth Island Institute v. Muldoon
Plaintiff could not demonstrate likelihood of success on the merits because challenged agency action was an identified categorical exclusion to environmental impact reporting requirements. |
Environmental Law |
|
M. Friedland | Sep. 13, 2023 |
H049854
|
Modification: Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report. |
Environmental Law |
|
H. Williams | Sep. 11, 2023 |
C095631
|
Tsakopoulos Investments, LLC v. County of Sacramento
Lead agency's methodology for estimating project's greenhouse gas emissions differed from methodologies previously rejected by the California Supreme Court for lack of substantial evidence. |
Environmental Law |
|
R. Robie | Sep. 8, 2023 |
20-72788
|
Solar Energy Industries Assoc. v. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission violated National Environmental Policy Act by failing to prepare, at minimum, an environmental assessment regarding non-utility-owned energy producer orders. |
Environmental Law |
|
E. Miller | Sep. 6, 2023 |
B317485
|
Coastal Protection Alliance v. Airbnb
The increased residency of a property caused by an Airbnb short-term rental does not change a residential property into a "development" under the Coastal Act. |
Environmental Law |
|
S. Heidel | Sep. 6, 2023 |
21-15907
|
Center for Biological Diversity v. USFS
United States Forest Service was not liable as a contributor for contamination under Resource Conservation and Recovery Act since it played merely a passive role in disposal of hazardous lead ammunition. |
Environmental Law |
|
J. Bybee | Sep. 5, 2023 |
B322465
|
Anderson v. County of Santa Barbara
Courts may not use California Environmental Quality Act to enjoin county Road Commissioner from executing its legal, public duty of enforcing encroachment laws. |
Environmental Law |
|
K. Yegan | Aug. 17, 2023 |
H049854
|
Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report. |
Environmental Law |
|
H. Williams | Aug. 14, 2023 |
D081185
|
McCann v. City of San Diego
City satisfied writ of mandate by rescinding the resolutions that approved construction project that allegedly violated the California Environmental Quality Act. |
Environmental Law |
|
J. McConnell | Aug. 10, 2023 |
21-70282
|
City and County of San Francisco v. U.S. Environmental Protection Agency
EPA had authority under Clean Water Act to include in San Francisco's pollutant discharge permit two general narrative prohibitions on discharges that cause or contribute to violations of water quality standards. |
Environmental Law |
|
W. Fletcher | Aug. 1, 2023 |
B321050
|
United Neighborhoods for Los Angeles v. City of Los Angeles
California Environmental Quality Act's in-fill exemption's requirement that project be consistent with all applicable general policies was not met when project did not address preservation of housing. |
Environmental Law |
|
L. Rubin | Jul. 27, 2023 |
G061427
|
Olen Properties Corp. v. City of Newport Beach
Residential housing project approved by the City of Newport Beach was consistent with existing public land use policies and did not require a new environmental impact report. |
Environmental Law |
|
M. Sanchez | Jul. 11, 2023 |
22-35857
|
Blue Mountains Biodiversity Project v. Jeffries
Because the U.S. Forest Service retained control and considered several alternatives, its project replacing diseased trees with disease-resistant ones did not violate the National Environmental Policy Act. |
Environmental Law |
|
A. Hurwitz | Jul. 6, 2023 |
D080071
|
Save Our Access v. City of San Diego
San Diego's use of a community plan for a ballot measure to remove building height limits did not meet California Environmental Quality Act requirements. |
Environmental Law |
|
J. Irion | Jun. 27, 2023 |
B310777
|
Lucas v. City of Pomona
Overlay district established by city for its commercial cannabis permit program was exempt from California Environmental Quality Act because it was consistent with the existing general plan and environmental report. |
Environmental Law |
|
M. Stratton | Jun. 15, 2023 |
A165012
|
Claremont Canyon Conservancy v. Regents of the University of California
Environmental impact report for vegetation removal projects at the University of California, Berkeley was sufficiently specific since it allowed the public to understand the projects' environmental consequences. |
Environmental Law |
|
V. Rodriguez | Jun. 13, 2023 |
B319536
|
Coalition for Historical Integrity v. City of San Buenaventura
No CEQA violation where city found statue not historically significant, as a report plus finding that it was less than 40 years old rebutted presumption of its historical significance. |
Environmental Law |
|
A. Gilbert | Jun. 12, 2023 |
F084228
|
Tulare Lake Canal Co. v. Stratford Public Utility District
Failure to comply with California Environmental Quality Act requirements can create a lack of information which harms the public interest in informed decisionmaking and, consequently, can support granting a preliminary injunction. |
Environmental Law |
|
R. Peña | Jun. 9, 2023 |
21-454
|
Sackett v. Environmental Protection Agency
Environmental Protection Agency's attempt to assert jurisdiction over private property's wetlands through the Clean Water Act failed because it required clearer congressional language to do so. |
Environmental Law |
|
S. Alito | May 26, 2023 |
A163810
|
Save Berkeley's Neighborhoods v. Regents of the University of California
Trial court's orders suspending UC Berkeley student enrollment increases were unenforceable in light of Senate Bill 118's amendments to CEQA. |
Environmental Law |
|
S. Margulies | May 23, 2023 |
21-16555
|
GP Vincent II v. The Estate of Beard
Claim preclusion did not bar CERCLA claims regarding property that was the subject of previous environmental litigation. |
Environmental Law |
|
M. Hawkins | May 18, 2023 |
20-15654
|
Center for Biological Diversity v. U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service did not properly justify its choice to designate a northern mountain region in Arizona as an unoccupied critical habitat for the endangered jaguar. |
Environmental Law |
|
D. Forrest | May 18, 2023 |
21-35504
|
Alliance for the Wild Rockies v. Petrick
Healthy Forests Restoration Act does not require that a proposed forest project border an at-risk community when a community wildfire protection plan is in place that defines the wildland-urban interface. |
Environmental Law |
|
R. Nelson | May 17, 2023 |
H049555
|
Preservation Action Council of San Jose v. City of San Jose
San Jose's environmental impact report for high-rise office tower project in downtown plaza was sufficient because its proposed mitigation measures to protect historical bank were feasible. |
Environmental Law |
|
A. Danner | May 12, 2023 |
C071785
|
Modification: County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate. |
Environmental Law |
|
S. Boulware Eurie | May 2, 2023 |
19-35921
|
Murphy Co. v. Biden
President Obama's proclamation expanding Oregon's Cascade-Siskiyou National Monument was consistent with expansive discretionary power granted by the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act. |
Environmental Law |
|
M. McKeown | Apr. 25, 2023 |
21-16278
|
California Restaurant Association v. City of Berkeley
Despite not directly regulating natural gas appliances, ordinance prohibiting installing natural gas infrastructure in new buildings was expressly preempted as regulation on the quantity of gas consumed by covered appliances. |
Environmental Law |
|
P. Bumatay | Apr. 18, 2023 |
C093513
|
Modification: Environmental Law Foundation v. State Water Resources Control Bd.
State Water Board's adoption of order allowing the anonymization of management practice implementation and data was proper under the rule and commentary of key element four of the Nonpoint Source Policy. |
Environmental Law |
|
J. Renner | Apr. 17, 2023 |
C071785
|
County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate. |
Environmental Law |
|
S. Boulware Eurie | Apr. 11, 2023 |