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Name Category Published
Sackett v. U.S. EPA
Clean Water Act impliedly precludes judicial review of EPA compliance order until EPA brings enforcement action in federal district court. 		Environmental Law Sep. 20, 2010
City of Emeryville v. The Sherwin-Williams Co.
Contribution claim is allowed under CERCLA where non-settling potentially responsible parties had no notice of prior litigation or settlement. 		Environmental Law Sep. 16, 2010
Association of American Railroads v. South Coast Air Quality Management District
Interstate Commerce Commission Termination Act of 1995 preempts local governmental agency's rules aimed at limiting air pollution created by idling trains. 		Environmental Law Sep. 16, 2010
Hapner v. Tidwell
Project violates National Forest Management Act by failing to comply with elk-cover requirement in Gallatin National Forest Plan. 		Environmental Law Sep. 16, 2010
South Coast Air Quality Management District v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission's environmental impact statement properly addresses impact of emissions caused by eventual use of interstate pipeline’s natural gas. 		Environmental Law Sep. 10, 2010
California Oak Foundation v. The Regents of the University of California
UC Regents act in accordance with CEQA by certifying environmental impact report for campus projects where report contained sufficient information regarding environmental impacts. 		Environmental Law Sep. 7, 2010
Western Watersheds Project v. Kraayenbrink
Proposed amendments to grazing regulations violate National Environmental Policy Act where agency failed to take ‘hard look’ at environmental effects. 		Environmental Law Sep. 2, 2010
Butte Environmental Council v. United States Army Corps of Engineers
Biological report for construction proposal is not arbitrary or capricious where species’ critical habitat can be destroyed without appreciably diminishing habitat’s value. 		Environmental Law Sep. 2, 2010
Oregon Natural Desert Association v. Bureau of Land Management
Bureau of Land Management violates National Environmental Policy Act where it improperly analyzes effects of plan on land's wilderness characteristics. 		Environmental Law Sep. 1, 2010
Northern California River Watch v. Wilcox
Statutory text ‘areas under Federal jurisdiction’ in Section 9 of Endangered Species Act does not cover privately-owned wetlands adjacent to navigable waters. 		Environmental Law Aug. 26, 2010
Modesto Irrigation District v. Gutierrez
Under Endangered Species Act, interbreeding is not alone determinative of whether organisms must be classified alike where they behave differently. 		Environmental Law Aug. 23, 2010
Northwest Environmental Defense Center v. Brown
Court creates permit requirement for ‘point source’ discharges that pollute streams and rivers as result of logging activities. 		Environmental Law Aug. 18, 2010
League of Wilderness Defenders v. Allen
Forest Service’s plan to log trees does not violate Northwest Forest Plan’s protection of owl habitat. 		Environmental Law Aug. 16, 2010
Home Builders Association of Northern California v. United States Fish and Wildlife Service
Under Endangered Species Act, U.S. Fish and Wildlife Service properly designates 850,000 acres of land as critical habitat for vernal pool species. 		Environmental Law Aug. 10, 2010
City of Colton v. American Promotional Events Inc.-West
Plaintiff's claim for declaratory judgment as to liability for future costs fails where it failed to establish liability for past costs under CERCLA. 		Environmental Law Aug. 3, 2010
Pit River Tribe v. United States Forest Service
Injunctive relief and order for agencies to reevaluate lease extension is appropriate remedy to rectify violations of National Environmental Policy Act. 		Environmental Law Aug. 3, 2010
State of California Dept. of Toxic Substances Control v. Hearthside Residential Corp.
Property owner at time cleanup costs are incurred is 'current owner' for purposes of liability under Comprehensive Environmental Response, Compensation, and Liability Act. 		Environmental Law Jul. 23, 2010
Hines v. California Coastal Commission (Star)
Board properly issues permit allowing decreased riparian buffer zone for development project where developer demonstrates default buffer is unnecessary. 		Environmental Law Jul. 14, 2010
TWC Storage LLC v. State Water Resources Control Board
Water Code violation does not require landowner’s active participation in discharging hazardous substance, only possession or control of land. 		Environmental Law Jul. 1, 2010
City of Santee v. County of San Diego (State of California Dept. of Corrections and Rehabilitation)
Public agency is not required to conduct environmental review based on agreement to identify potential locations for state prison reentry facility. 		Environmental Law Jun. 30, 2010
Center for Biological Diversity v. County of San Bernardino (Nursery Products LLC)
Environmental Impact Report evaluating source of water supply for compost facility must contain water supply assessment. 		Environmental Law Jun. 24, 2010
Monsanto Co. v. Geertson Seed Farms
Permanent injunctions are not presumed remedies for National Environmental Policy Act violation, and plaintiff must show irreparable injury for such relief. 		Environmental Law Jun. 22, 2010
Tomlinson v. County of Alameda (Wong)
New housing subdivision is not exempt from California Environmental Quality Act requirements where it constitutes project not 'within city limits' of municipality. 		Environmental Law Jun. 21, 2010
San Diego Navy Broadway Complex Coalition v. City of San Diego (Manchester Pacific Gateway LLC)
Subsequent environmental impact report is not required where city did not grant discretionary approval providing it authority to address environmental impacts. 		Environmental Law Jun. 18, 2010
Kern County Water Agency v. Watershed Enforcers
State agencies are included in definition of ‘person’ under California Endangered Species Act and may not take endangered species without required permit. 		Environmental Law Jun. 18, 2010
Arizona Cattle Growers' Association v. Salazar
Agency properly designates areas as 'occupied' for purposes of Endangered Species Act where species is likely to be present during reasonable time period. 		Environmental Law Jun. 7, 2010
TWC Storage LLC v. State Water Resources Control Board
Water Code violation does not require landowner’s active participation in discharging hazardous substance, only possession or control of land. 		Environmental Law Jun. 7, 2010
United States v. APW North America
Under CERCLA, non-settling potentially responsible parties may intervene in litigation to oppose consent decree incorporating settlement that would cut off contribution rights. 		Environmental Law Jun. 3, 2010
Butte Environmental Council v. United States Army Corps of Engineers
Biological report for construction proposal is not arbitrary or capricious where species’ critical habitat can be destroyed without appreciably diminishing habitat’s value. 		Environmental Law Jun. 2, 2010
Center for Biological Diversity v. County of San Bernardino (Nursery Products LLC)
Environmental Impact Report evaluating source of water supply for compost facility must contain water supply assessment. 		Environmental Law May 27, 2010
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