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Superseding Opinion: WildEarth Guardians v. Provencio
US Forest Service did not abuse discretion when creating off-road motorized vehicle plan that allowed for such vehicles in most of Kaibab National Forest, since other limitations in plans were present. 		Environmental Law 9th May 7, 2019
Oregon Natural Desert Association v. Rose
The substantive challenges to plan issued by Bureau of Land Management could not be reached under other acts because it was procedurally deficient under the National Environmental Policy Act. 		Environmental Law 9th Apr. 26, 2019
South of Market Community v. City and County of San Francisco
Environmental impact report was adequate under California Environmental Quality Act because project description clearly identified mixed-use development project at specific, defined location with two options for allocations of office and residential use. 		Environmental Law 1DCA/1 Mar. 27, 2019
Sturgeon v. Frost
Alaskan-specific statute providing greater freedom for users of national preserves in state prohibits federal regulation except over lands held in title by government. 		Environmental Law USSC Mar. 27, 2019
Ione Valley Land, Air, and Water etc. v. County of Amador
Where issues with original environmental impact report were or could have been litigated in initial challenge, such issues are precluded by res judicata from being re-raised against revised report. 		Environmental Law 3DCA Mar. 21, 2019
Modification: Fudge v. City of Laguna Beach
Legislature provided for de novo review of appeals to the Commission under Public Resources Code Section 21080.5, which allows environmental information to be submitted 'in lieu of' an environmental impact report under CEQA. 		Environmental Law 4DCA/3 Mar. 15, 2019
WildEarth Guardians v. Provencio
US Forest Service did not abuse discretion when creating off-road motorized vehicle plan that allowed for such vehicles in most of Kaibab National Forest, since other limitations in plans were present. 		Environmental Law 9th Mar. 14, 2019
Fudge v. City of Laguna Beach
Legislature provided for de novo review of appeals to the Commission under Public Resources Code Section 21080.5, which allows environmental information to be submitted 'in lieu of' an environmental impact report under CEQA. 		Environmental Law 4DCA/3 Feb. 14, 2019
In re Border Infrastructure Environmental Litigation
IIRIRA authorized DHS's border barrier projects and the court lacks jurisdiction to consider challenges to the DHS Secretary's waiving of various environmental laws with respect to its border barrier projects. 		Environmental Law 9th Feb. 12, 2019
Berkeley Hills Watershed Coalition v. City of Berkeley
'Location exception' to California Environmental Quality Act's Class 3 exemption applies where the project impacts public resources and earthquakes and landslides are geological events; thus the proposed construction was exempt. 		Environmental Law 1DCA/1 Feb. 1, 2019
Modification: McCorkle Eastside Neighborhood Group v. City of St. Helena
Cities are not required to have a design review ordinance, so when one does impose such an additional level of review, it is for the city to determine the scope of the review. 		Environmental Law 1DCA/5 Jan. 28, 2019
San Diegans for Open Government v. City of San Diego
Under CEQA guidelines, relevant issue in determining whether the existing facilities exemption applies is whether the project involves 'expansion of use beyond that existing at the time of the lead agency's determination.' 		Environmental Law 4DCA/1 Jan. 17, 2019
McCorkle Eastside Neighborhood Group v. City of St. Helena
Cities are not required to have a design review ordinance, so when one does impose such an additional level of review, it is for the city to determine the scope of the review. 		Environmental Law 1DCA/5 Jan. 14, 2019
Caltec AG v. Dept. of Pesticide Regulation
When read together, Food and Agricultural Code Sections 12753 and 14513 precludes any material classified as a 'pesticide' from also being classified as an 'auxiliary soil and plant substance, but not vice versa. 		Environmental Law 5DCA Jan. 4, 2019
Sierra Club v. County of Fresno
Environmental Impact Report was inadequate under the California Environmental Quality Act; health impacts resulting from the adverse air quality impacts must be identified, analyzed and sufficiently discussed. 		Environmental Law CASC Dec. 27, 2018
County of Butte v. Dept. of Water Resources
Plaintiffs cannot challenge the environmental sufficiency of the Oroville Facilities Project in state courts because jurisdiction to review the matter lies with the Federal Energy Regulatory Commission. 		Environmental Law 3DCA Dec. 24, 2018
Sierra Club v. USFWS
U.S. Department of Fish and Wildlife Services and the National Marine Fisheries Service's April 2014 draft jeopardy opinion was pre-decisional and deliberative; thus, exempt from Freedom of Information Act. 		Environmental Law 9th Dec. 24, 2018
Georgetown Preservation Society v. County of El Dorado
Personal observation on nontechnical issues, such as aesthetics, can constitute substantial evidence when determining whether an environmental impact report is required under the fair argument standard. 		Environmental Law 3DCA Dec. 19, 2018
San Francisco Baykeeper v. State Lands Commission
The public trust doctrine protects and promotes public uses of trust property, and is only construed with liberality if it benefits all the people of the state, not private parties. 		Environmental Law 1DCA/4 Nov. 29, 2018
High Sierra Rural Alliance v. County of Plumas
Plumas County's general plan update does not violate the Timberland Act; Government Code Section 51104 suffices to supply the restrictions on residences and structures on timberland production zone parcels. 		Environmental Law California Courts of Appeal Nov. 19, 2018
Havasupai Tribe v. Provencio
National Historic Preservation Act did not obligate United States Forest Service to take Red Butte into account when it conducted a full consultation in 1986; it was not a 'historic property' then. 		Environmental Law 9th Oct. 26, 2018
Save Our Heritage Organisation v. City of San Diego
CEQA Guidelines Section 15164 valid because it implements Section 21166's objective of balancing the consideration of environmental consequences in public decision making with interests in finality and efficiency. 		Environmental Law 4DCA/1 Oct. 25, 2018
Monterey Coastkeeper v. State Water Resources Control Board
Trial court's findings as to the inadequacy of State Board's tiering provisions of its modified waiver of discharge requirements was not supported by substantial evidence; thus the judgment was modified but otherwise affirmed. 		Environmental Law 3DCA Oct. 19, 2018
Golden Door Properties v. Co. of San Diego
Trial court properly ruled that a matter was unripe, where the controversy did not apply to a specific facts. 		Environmental Law 4DCA/1 Oct. 1, 2018
Atwell v. City of Rohnert Park
Trial court properly found that a petition barred by res judicata where prior plaintiffs sued over similar city action approving retail development. 		Environmental Law 1DCA/1 Sep. 28, 2018
Tin Cup v. USACE
District court did not err in granting summary judgment to the U.S. Army Corps of Engineers where plaintiff hadn't shown a clear statement from Congress that the 1993 Budget Act enacted a mandatory permanent change in substantive law. 		Environmental Law 9th Sep. 24, 2018
Bottini v. City of San Diego
CEQA applies to certain nonexempt discretionary acts, but 'ministerial' acts are specifically beyond its reach. 		Environmental Law 4DCA/1 Sep. 20, 2018
Pakootas v. Teck Cominco Metals
Under 'Calder' test, personal jurisdiction over foreign company not improper where company's toxic waste dumping into river flowing into forum state demonstrates company 'expressly aimed at the forum state.' 		Environmental Law 9th Sep. 17, 2018
Bohmker v. State of Oregon
District court properly granted summary judgment where the mining restrictions set forth in a state bill were not preempted by federal law. 		Environmental Law 9th Sep. 13, 2018
Friends of Riverside's Hills v. City or Riverside
Appellant's claims alleging that a development might violate land use provisions in the future was not a ground for preparing an Environmental Impact Review under the California Environmental Quality Act. 		Environmental Law 4DCA/2 Sep. 10, 2018
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