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Alaska Center for the Environment v. Armbrister
Purpose and need for access to populated location supports construction of road through federal recreation area.
Environmental Law Jun. 12, 1999
Alaska Center for the Environment v. Armbrister
Purpose and need for access to populated location supports construction of road through federal recreation area.
Environmental Law Jun. 12, 1999
Planning & Conservation v. Department of Fish and Game
State permit allowing killing or capturing of protected species is invalid under Enadangered Species Act.
Environmental Law Jun. 11, 1999
Schoen v. California Dept. of Forestry & Fire Protection (Louisiana-Pacific Corp.)
Approving analyses of cumulative impacts as 'minor deviations' to timber harvest plans is error.
Environmental Law Jun. 9, 1999
Atchison, Topeka and Santa Fe Railway Co. v. Brown & Bryant Inc.
Under CERCLA liability for pollution cleanup costs of corporate successor is determined by state law.
Environmental Law Jun. 7, 1999
United States v. Apex Oil Co. Inc.
Oil constituents aren't covered under federal law barring cargo-related oil residue discharge at sea.
Environmental Law Jun. 7, 1999
Neighbors of Cuddy Mountain v. U.S. Forest Service
In analyzing proposed timber sale's impact, Forest Service must demonstrate consistency in impact on indicator species.
Environmental Law Jun. 7, 1999
Trancas Property Owners Association v. City of Malibu
Development permit requiring project commencement by certain date, doesn't require actual construction to avoid permit's expiration.
Environmental Law Jun. 7, 1999
Lake Mohave Boat Owners Association v. National Park Service
Interior Secretary's failure to consider water pollution levels when setting marina's boat docking rates isn't arbitrary.
Environmental Law Jun. 7, 1999
The Alliance of Small Emitters/Metals Industry v. South Coast Air Quality Management District
Law requires estimates of socioeconomic effects only to extent data is available.
Environmental Law Jun. 6, 1999
Forest Guardians v. Dombeck
U.S. Forest Service's prospective-only application of forest plan amendments doesn't violate National Forest Management Act.
Environmental Law Jun. 6, 1999
Waste Action Project v. Dawn Mining Corp.
Uranium mill tailings aren't subject to EPA's pollutant discharge system permitting requirements.
Environmental Law Jun. 6, 1999
City of Los Angeles v. FAA
Agency conclusion that airport terminal expansion won't materially affect usage satisfies statute's 'hard look' requirement.
Environmental Law Jun. 6, 1999
State of California v. Campbell
Summary adjudication to defendant on state nuisance and environmental claims as part of injunction is appealable.
Environmental Law Jun. 6, 1999
People v. U.S.
Congress doesn't waive federal government's sovereign immunity by enacting Clean Air Act.
Environmental Law Jun. 4, 1999
Hoonah Indian Association v. Morrison
Alaska National Interest Lands Conservation Act permits clearcutting in national forests despite affecting Alaskan native tribes' subsistence uses.
Environmental Law Jun. 3, 1999
FMC Corporation v. Plaisted and Companies
Court's decision to consider appeals from recitations of lower court's findings moots appealability issue.
Environmental Law Jun. 1, 1999
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action to set aside environmental impact report approval if objection raised before certification.
Environmental Law May 26, 1999
Kasza v. Browner
State secrets privilege allows government to deny discovery of unclassified information about military facility's hazardous waste.
Environmental Law May 26, 1999
State of Nevada v. U.S. Dept. of Energy
Nuclear Waste Policy Act doesn't require Energy Department to fund state's nuclear waste dump oversight activities.
Environmental Law May 26, 1999
Galante Vineyards v. Monterey Peninsula Water Management District
Party can bring action if it raises objection to impact report prior to certification.
Environmental Law May 26, 1999
United States v. Pend Oreille County Public Utility District No. 1
Value of tribe's property as part of utility project can be used to determine trespass damages.
Environmental Law May 22, 1999
Westhaven Community Development Council v. County of Humboldt
Forest Practice Act pre-empts county ordinance creating local permit requirements for timber operations.
Environmental Law May 21, 1999
Tyler v. Cisneros
Historic Preservation Act claims regarding federal housing funds after release, aren't barred by statute of limitations
Environmental Law May 21, 1999
Tucson Airport Authority v. General Dynamics Corp.
Administrative Procedure Act doesn't waive government's sovereign immunity for war contractor's suit under Contract Settlement Act.
Environmental Law May 21, 1999
Northcoast Environmental Center v. Glickman
Federal agency's 'action plan' setting species preservation and timber sales guideline doesn't require environmental impact statement.
Environmental Law May 20, 1999
Administrator, State of Arizona v. U. S. Environmental Protection Agency
Tribe's plan for redesignation of reservation lands under Clean Air Act satisfies procedural requirements.
Environmental Law May 20, 1999
Bolsa Chica Land Trust v. Superior Court (Bolsa Chica Land Trust)
Coastal Act doesn't permit destruction of environmentally sensitive habitat area simply based on proposed offsite mitigation.
Environmental Law May 20, 1999
San Dieguito Partnership, L.P. v. San Dieguito River Valley Regional Open Space Park Joint Powers Authority
Attorney fee award in California Environmental Quality Act action is excessive.
Environmental Law May 19, 1999
Southwest Center for Biological Diversity v. U.S. Bureau of Reclamation
Notice of violation under Endangered Species Act must expressly state intent to sue.
Environmental Law May 12, 1999