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Ross v. California Coastal Commission (Malibu Bay Co.)
Five-foot buffer for dune environmentally sensitive habitat area adjacent to beachfront development does not conflict with city’s development standards.
Environmental Law Sep. 12, 2011
Schenck v. County of Sonoma (Liquid Investments Inc.)
Failure to provide notice to agency regarding development project within its jurisdiction is not prejudicial where notice would not have impact on decision making process.
Environmental Law Aug. 29, 2011
Barnes v. U.S. Dept. of Transportation
Federal Aviation Administration must consider indirect environmental impact of increased demand at airport resulting from construction of additional runway.
Environmental Law Aug. 26, 2011
Center for Environmental Law and Policy v. United States Bureau of Reclamation
State agency's environmental assessment for proposed incremental drawdown of water is proper although part of cumulative effects analysis was perfunctory.
Environmental Law Aug. 22, 2011
In Defense of Animals v. U.S. Dept. of the Interior
Interlocutory appeal of denial of preliminary injunction, which sought to prevent roundup of wild horses, is rendered moot because roundup already took place.
Environmental Law Aug. 16, 2011
Voices of the Wetlands v. State Water Resources Control Board (Duke Energy Moss Landing LLC)
State Regional Water Board uses proper cost-benefit analysis in determining whether thermal power plant used best technology available to minimize environmental impacts.
Environmental Law Aug. 16, 2011
Hinds Investments L.P. v. Angioli
Liability for contributing to disposal of hazardous waste under Resource Conservation and Recovery Act requires active involvement or control over disposal.
Environmental Law Aug. 2, 2011
Team Enterprises LLC v. Western Investment Real Estate Trust
Under CERCLA, manufacturer does not ‘arrange for disposal’ of hazardous substances where purpose of product is to recover hazardous substances, not disposal.
Environmental Law Jul. 27, 2011
Santa Clarita Organization for Planning the Environment v. City of Santa Clarita (Henry Mayo Newhall Memorial Hospital)
Substantial evidence supports city's determination that complete mitigation of project's impact on climate change is infeasible.
Environmental Law Jul. 27, 2011
Chawanakee Unified School District v. County of Madera (Rio Mesa Holdings LLC)
Project's indirect impacts on parts of physical environment that are not school facilities must be considered in environmental impact report.
Environmental Law Jul. 21, 2011
Save the Plastic Bag Coalition v. City of Manhattan Beach
City is not required to prepare environmental impact report on effects of ordinance banning use of plastic bags by local businesses.
Environmental Law Jul. 15, 2011
Natural Resources Defense Council Inc. v. County of Los Angeles
Evidence of county’s control over flood stations where standards-exceeding pollutants were found is sufficient to support violation of Clean Water Act.
Environmental Law Jul. 14, 2011
Silverado Modjeska Recreation and Parks District v. County of Orange (CCRC Farms LLC)
County is not required to recirculate supplemental environmental impact report with reference to observation of endangered arroyo toad near project site.
Environmental Law Jul. 12, 2011
Citizens for Responsible Equitable Environmental Development v. City of Chula Vista (Target Corp.)
Environmental impact report is required where fair argument of potential significant environmental impact existed based on lack of measures addressing soil contamination.
Environmental Law Jul. 12, 2011
Clover Valley Foundation v. City of Rocklin (Rocklin 650 Venture)
Environmental impact report complies with California Environmental Quality Act although it does not disclose certain information regarding cultural resources.
Environmental Law Jul. 11, 2011
Del Cerro Mobile Estates v. City of Placentia
Estoppel argument fails where project was exempt from CEQA under applicable statute and there was nothing on record that showed plaintiff was unaware of exemption.
Environmental Law Jul. 8, 2011
South Orange County Wastewater Authority v. City of Dana Point (Makar Properties LLC)
Under California Environmental Quality Act, environmental impact report is not required to assess impact of present environment on proposed project.
Environmental Law Jul. 5, 2011
Pakootas v. Teck Cominco Metals Ltd.
Federal court does not have citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act where plaintiffs sought penalties for noncompliance with order.
Environmental Law Jul. 5, 2011
Pakootas v. Teck Cominco Metals Ltd.
Order
Environmental Law Jul. 5, 2011
Natural Resources Defense Council Inc. v. South Coast Air Quality Management District
District court lacks jurisdiction to review challenge to EPA action under Clean Air Act.
Environmental Law Jun. 29, 2011
Citizens For A Better Eureka v. California Coastal Commission
California Coastal Commission has appellate jurisdiction over coastal development permits where developments are not limited to nuisance abatement.
Environmental Law Jun. 29, 2011
Redevelopment Agency of the City of Stockton v. BNSF Railway Co.
Under nuisance theory, railway company is not responsible for contamination that was caused entirely by industrial site via installation of drains.
Environmental Law Jun. 28, 2011
Chawanakee Unified School District v. County of Madera (Rio Mesa Holdings LLC)
Project's indirect impacts on parts of physical environment that are not school facilities must be considered in environmental impact report.
Environmental Law Jun. 21, 2011
American Electric Power Co. Inc. v. Connecticut
Clean Air Act displaces federal common law of nuisance regarding emissions standards for carbon dioxide.
Environmental Law Jun. 20, 2011
Citizens for Responsible Equitable Environmental Development v. City of San Diego (Pardee Homes)
City’s certification of addendum to final environmental impact report incorporating water supply assessment is equivalent to approval of assessment under Water Code.
Environmental Law Jun. 12, 2011
California Chamber of Commerce v. Brown
Labor Code reference method set forth in Health and Safety Code Section 25249.8 continues to specify minimum content of Proposition 65 list.
Environmental Law Jun. 7, 2011
Pakootas v. Teck Cominco Metals Ltd.
Federal court does not have citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act where plaintiffs sought penalties for noncompliance with order.
Environmental Law Jun. 2, 2011
Jensen Family Farms Inc. v. Monterey Bay Unified Air Pollution Control District
Clean Air Act does not preempt air pollution control district's rules requiring registration and payment of fees for diesel engines used in agriculture.
Environmental Law May 31, 2011
Sierra Forest Legacy v. Sherman
Agency complies with requirement to evaluate environmental impacts in disclosing and rebutting public critiques without disclosing identities of experts.
Environmental Law May 27, 2011
Resurrection Bay Conservation Alliance v. City of Seward, Alaska
Under Clean Water Act, attorney fees are not unjust due to special circumstances where city was required to obtain permit for discharging pollutants.
Environmental Law May 20, 2011