Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-35245
|
Oregon Natural Resources Council v. U.S. Bureau of Land Management
Claim challenging EA issued for completed logging project is not moot because under NEPA, EA must address post-logging concerns. |
Environmental Law |
|
Dec. 7, 2006 | |
F047094
|
Turlock Irrigation District v. Zanker
Water districts must provide water to town but reasonable cost of treating water for domestic use may be passed to consumers. |
Environmental Law |
|
Nov. 28, 2006 | |
C049525
|
Save Our Neighborhood v. Lishman (Mackay)
City violated California Environmental Quality Act when it failed to use independent environmental review in approving construction project. |
Environmental Law |
|
Nov. 28, 2006 | |
H028539
|
Gilroy Citizens for Responsible Planning v. City of Gilroy (Wal-Mart Stores Inc.)
Record as whole supports finding that city complied with notice requirements of CEQA and that city provided responses to comments. |
Environmental Law |
|
Nov. 27, 2006 | |
A104828
|
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Co.)
Trial court's grant of peremptory writ of mandate commanding state agencies to set aside their administrative determinations cannot be upheld. |
Environmental Law |
|
Nov. 17, 2006 | |
04-15746
|
Pit River Tribe v. U.S. Forest Service
Federal agencies did not adequately review environmental consequences of lease extensions in Medicine Lake Highlands, lands deemed sacred by Pit River Tribe. |
Environmental Law |
|
Nov. 9, 2006 | |
A105421
|
Joy Road Area Forest and Watershed Association v. California Dept. of Forestry & Fire Protection (Harmony Forest & Land Co.)
Dept. of Forestry erred when it failed to comply with CEQA's notice requirements after adding new information to timber harvest plan. |
Environmental Law |
|
Nov. 6, 2006 | |
C049919
|
California Farm Bureau Federation v. California Wildlife Conservation Board (Traynham)
State agencies fail to meet burden of establishing that project is exempt from California Environmental Quality Act. |
Environmental Law |
|
Nov. 5, 2006 | |
C049527
|
Environmental Council of Sacramento v. City of Sacramento
City fully accounted for environmental consequences of habitat conservation plan protecting species of hawk and snake. |
Environmental Law |
|
Nov. 2, 2006 | |
05-16975
|
Earth Island Institute v. Ruthenbeck
Invalidation of statute that categorically exempts from appeal certain U.S. Forest Service actions is proper. |
Environmental Law |
|
Nov. 1, 2006 | |
04-15442
|
Northern California River Watch v. City of Healdsburg
Because rock quarry pit and its wetlands possess 'significant nexus' to waters that are navigable, it is subject to Clean Water Act. |
Environmental Law |
|
Nov. 1, 2006 | |
05-35806
|
Northwest Environmental Advocates v. National Marine Fisheries Service
Evidence supports finding that Army Corps of Engineers took requisite 'hard look' at environmental and economic factors of proposed Columbia River project. |
Environmental Law |
|
Oct. 26, 2006 | |
D045274
|
Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency (Horton Land LLC)
Agency is not required to prepare separate environmental impact report whose impacts were sufficiently analyzed in prior report. |
Environmental Law |
|
Oct. 25, 2006 | |
04-15512
|
Environmental Protection Information Center v. U.S. Forest Service
District court erred in granting summary judgment against environmental plaintiffs on claim for wrongful denial of fee waiver under Freedom of Information Act. |
Environmental Law |
|
Oct. 24, 2006 | |
H029242
|
Save Our Carmel River v. Monterey Peninsula Water Management District
Water district violated CEQA guidelines in approving water credit transfer without considering possible cumulative effect of others engaging in similar transfers. |
Environmental Law |
|
Oct. 23, 2006 | |
S117816
|
City of Marina v. Board of Trustees of the California State University
University's board of trustees failed to mitigate effects on environment when they refused to contribute funds to Fort Ord Reuse Authority. |
Environmental Law |
|
Oct. 23, 2006 | |
04-16125
|
Great Basin Mine Watch v. Hankins
Bureau of Land Management's cumulative impact analysis in approving gold mining permits was inadequate under National Environmental Policy Act. |
Environmental Law |
|
Oct. 23, 2006 | |
H028201
|
Preservation Action Council v. City of San Jose (Lowe's HIW Inc.)
City's analysis of reduced-size alternative to project was inadequate for purposes of meeting requirements of CEQA. |
Environmental Law |
|
Oct. 22, 2006 | |
C046211
|
El Dorado Irrigation District v. State Water Resources Control Board
Water district that restricts appropriator's right to divert water, but does not apply similar restrictions on junior appropriators, violates rule of priority. |
Environmental Law |
|
Oct. 22, 2006 | |
05-15035
|
Turtle Island Restoration Network v. U.S. Dept. of Commerce
Where plaintiffs' claims are challenge to regulations reopening swordfish fishery, 30-day time limitation of Magnuson Act applies. |
Environmental Law |
|
Oct. 19, 2006 | |
D046728
|
County of San Diego v. Grossmont-Cuyamaca Community College District
Community College is authorized to spend public funds to mitigate off-campus traffic impact of development. |
Environmental Law |
|
Oct. 17, 2006 | |
F042896
|
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
California Dept. of Forestry and Fire Protection failed to enforce biological assessment requirements in regard to its approval of timber harvesting plans. |
Environmental Law |
|
Sep. 27, 2006 | |
F042896
|
Ebbetts Pass Forest Watch v. California Dept. of Forestry and Fire Protection (Sierra Pacific Industries)
California Dept. of Forestry and Fire Protection failed to enforce biological assessment requirements in regard to its approval of timber harvesting plans. |
Environmental Law |
|
Sep. 25, 2006 | |
A105421
|
Joy Road Area Forest and Watershed Association v. California Dept. of Forestry & Fire Protection (Harmony Forest & Land Co.)
Dept. of Forestry erred when it failed to comply with CEQA's notice requirements after adding new information to timber harvest plan. |
Environmental Law |
|
Sep. 24, 2006 | |
H028147
|
San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District
School district properly determined that its decision to close two elementary schools is exempt from California Environmental Quality Act. |
Environmental Law |
|
Sep. 12, 2006 | |
C046813
|
Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation (Dow AgroSciences)
California Dept. of Pesticide Regulation's compliance with applicable statutes and regulations constitutes CEQA compliance. |
Environmental Law |
|
Sep. 6, 2006 | |
04-15931
|
Environmental Protection Information Center v. U.S. Forest Service
Agency's environmental assessment is adequate if there is no significant effect by proposed timber project, and complies with National Forest Management Act. |
Environmental Law |
|
Aug. 28, 2006 | |
05-35153
|
Pakootas v. Teck Cominco Metals Ltd.
Domestic application of CERCLA is required where hazardous substances were released within United States. |
Environmental Law |
|
Aug. 25, 2006 | |
05-35970
|
Oregon Trollers Association v. Gutierrez
Fishermen challenging fishery management measures limiting their fishing rights failed to establish violation of Magnuson-Stevens Fishery Conservation and Management Act. |
Environmental Law |
|
Aug. 25, 2006 | |
04-16179
|
Forest Guardians v. Johanns
Forest Service's failure to reinitiate consultation on environmental impact of cattle grazing in national forest violated Endangered Species Act. |
Environmental Law |
|
Aug. 8, 2006 |