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Davidon Homes v. City of San Jose
City's determination ordinance is exempt from California Environmental Quality Act must be supported by evidence.
Environmental Law Jul. 8, 1999
United States v. Alpine Land & Reservoir Co.
District court has exclusive jurisdiction over appeal regarding water rights adjudicated under its decrees and can enjoin state court proceeding.
Environmental Law Jul. 7, 1999
People v. Cotter & Company
Warning labels required by state act doesn't interfere with federal act's adequate cautionary label requirements.
Environmental Law Jul. 7, 1999
Western Radio Services Co. Inc. v. Glickman
No environmental assessment for proposed new access road absent connection to reissuance of radio tower permit.
Environmental Law Jul. 3, 1999
Natural Resources Defense Council v. U.S. Dept. of Interior
Fish and Wildlife Service violates Endangered Species Act by not designating critical habitat for songbird.
Environmental Law Jun. 29, 1999
U.S. v. Cooper
Federal sewage sludge regulations don't relieve transporter's duty to comply with local permit requirements.
Environmental Law Jun. 29, 1999
United States v. Hyundai Merchant Marine Co.
Liability for removal costs under the Oil Pollution Act also includes liability for government monitoring costs.
Environmental Law Jun. 29, 1999
Wing v. Asarco Inc.
Attorney fees based on contingent-risk multiplier aren't per se impermissible if within reasonableness of settlement agreement.
Environmental Law Jun. 28, 1999
Planning and Conservation League v. Department of Fish and Game
State permit allowing killing or capturing of protected species is invalid under Endangered Species Act.
Environmental Law Jun. 28, 1999
County of San Joaquin v. State Water Resources Control Board (United States)
Water permits challenge is dismissed after indispensable party, Bureau of Reclamation, refuses to waive sovereign immunity.
Environmental Law Jun. 26, 1999
Homes v. City of San Jose
City's determination ordinance is exempt from California Environmental Quality Act must be supported by evidence.
Environmental Law Jun. 26, 1999
Western Radio Services Co. Inc. v. Glickman
No environmental assessment for proposed new access road absent connection to reissuance of radio tower permit.
Environmental Law Jun. 26, 1999
Silveira v. Las Gallinas Valley Sanitary District
No EIR necessary for project creating odor buffer zone and not altering condemned property's natural state.
Environmental Law Jun. 26, 1999
National Parks and Conservation Association v. County of Riverside (Kaiser Steel Resources Inc.)
Landfill project can be approved it is supported by sufficient evidence that the project has no significant environmental impact.
Environmental Law Jun. 24, 1999
Rainsong Co. v. Federal Energy Regulatory Commission
Energy Commission must make independent determination whether proposed project is inconsistent with forest's purposes.
Environmental Law Jun. 24, 1999
City of Carmel-by-the-Sea v. U.S. Dept. of Transportation
Material change from draft to final environmental impact documents requires update on reasonable alternatives.
Environmental Law Jun. 21, 1999
Schoen v. California Department of Forestry & Fire Protection
Approving analyses of cumulative impacts as 'minor deviations' to timber harvest plans is error.
Environmental Law Jun. 19, 1999
The Pinal Creek Group v. Newmont Mining Corp.
Party responsible for cleanup costs lacks claim against another potentially responsible party for joint recovery.
Environmental Law Jun. 17, 1999
Sierra Club v. U.S. Environmental Protection Agency
Agency can't promulgate rule allowing chemical importation for disposal without required exemption findings under statute.
Environmental Law Jun. 17, 1999
Disimone v. Browner
No reconsideration of decision EPA cannot replace court-ordered pollution control provisions with state provisions.
Environmental Law Jun. 17, 1999
Northwest Environmental Defense Center v. Bonneville Power Administration
For system-wide marketing decision, Bonneville Power Administration needn't provide equitable treatment of fish and wildlife.
Environmental Law Jun. 16, 1999
Mountain Lion Foundation v. California Fish amd Game Commission
Environmental report is required before commission can remove species from threatened species list.
Environmental Law Jun. 15, 1999
Association of Public Agency Customers Inc. v. Bonneville Power Administration
Bonneville Power Administration can charge to use facilities to transmit electricity generated by another producer.
Environmental Law Jun. 15, 1999
Mountain Lion Foundation v. Fish and Game Commission (County of Kern Dept. of Planning and Development Services)
Fish and Game Commission abuses discretion in removing Mojave ground squirrel from threatened species list.
Environmental Law Jun. 15, 1999
Endangered Habitats League Inc. v. State Water Resources Control Board (Riverside County Flood Control and Water Conservation District)
Second tier environmental review is required for drainage plan containing details omitted from master plan.
Environmental Law Jun. 15, 1999
Los Angeles Unified School District v. City of Los Angeles
Environmental impact report for development plan is inadequate for failure to address traffic noise at schools.
Environmental Law Jun. 15, 1999
Industrial Truck Assoc. Inc. v. Henry
Occupational Safety and Health Act pre-empts California's toxic regulations for manufacturers not registered with federal agency.
Environmental Law Jun. 15, 1999
Russian River Watershed Protection Committee v. City of Santa Rosa
Official has discretion to determine reasonable method of compliance with discharge permits.
Environmental Law Jun. 15, 1999
American Rivers v. National Marine Fisheries Service
Superseding Biological Opinion governing operation of hydropower system moots pending challenge to predecessor document.
Environmental Law Jun. 14, 1999
American Rivers v. National Marine Fisheries Service
Superseding biological opinion governing operation of hydropower system moots pending challenge to predecessor document.
Environmental Law Jun. 14, 1999