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Oakland Heritage Alliance v. City of Oakland (Oakland Harbor Partners)
City’s compliance with applicable statutes regarding mitigation measures for projects located in seismic area provides substantial evidence supporting environmental impact report approval.
Environmental Law May 20, 2011
Northwest Environmental Defense Center v. Brown
Court creates permit requirement for ‘point source’ discharges that pollute streams and rivers as result of logging activities.
Environmental Law May 18, 2011
Southeast Alaska Conservation Council v. Federal Highway Administration
Environmental impact statement is inadequate where agency fails to rigoriously explore and evaluate all reasonable alternatives.
Environmental Law May 5, 2011
Cedar Fair L.P. v. City of Santa Clara
Approval of term sheet that sets forth basic terms of proposed transaction to develop stadium does not require environmental impact report.
Environmental Law Apr. 29, 2011
Karuk Tribe of California v. United States Forest Service
U.S. Forest Service decision to allow mining operation according to notice of intent does not trigger interagency consulting obligation under Endangered Species Act.
Environmental Law Apr. 7, 2011
Gardner v. United States Bureau of Land Management
Bureau of Land Management has discretion to allow use of off-road vehicles on land where there is no evidence that land had suffered undue degradation.
Environmental Law Apr. 7, 2011
Santa Monica Baykeeper v. City of Malibu
Challenge against environmental impact report alleging failure to sufficiently analyze construction-related water quality impacts is moot where construction of project had been completed.
Environmental Law Apr. 5, 2011
Natural Resources Defense Council Inc. v. U.S. EPA
EPA's adequacy determination as to limits on motor vehicle emissions within state implementation plan is not arbitrary or capricious.
Environmental Law Mar. 31, 2011
Pacific Merchant Shipping Association v. Goldstene
Federal law does not preempt state regulation affecting conduct beyond state’s coastline, which is aimed at prevention and control of air pollution.
Environmental Law Mar. 29, 2011
San Luis & Delta-Mendota Water Authority v. Salazar
Application of Sections 7 and 9 of Endangered Species Act to California delta smelt does not violate Commerce Clause.
Environmental Law Mar. 28, 2011
Landvalue 77 LLC v. Board of Trustees of the California State University (Kashian Enterprises LP)
Entire environmental impact report certification must be set aside where court finds parts are inadequate under California Environmental Quality Act.
Environmental Law Mar. 18, 2011
City of Los Angeles v. San Pedro Boat Works
Individual holding revocable permit to operate on property is not ‘owner’ liable under Comprehensive Environmental Response, Compensation, and Liability Act.
Environmental Law Mar. 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 Mar. 11, 2011
State of Oregon v. Federal Energy Regulatory Commission
Challenge to Federal Energy Regulatory Commission order authorizing natural gas import terminal and pipeline is moot after project proponents file bankruptcy petitions.
Environmental Law Mar. 3, 2011
Center for Food Safety v. Vilsack
Plaintiffs fail to show irreparable harm required for preliminary injunction seeking destruction of sugar beets planted pursuant to permits issued by agency.
Environmental Law Mar. 1, 2011
San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission
Nuclear Regulatory Commission is not required to share sensitive security information in 'closed' hearing under National Environmental Policy Act.
Environmental Law Feb. 16, 2011
Barnum Timber Co. v. United States Environmental Protection Agency
Owner of nonindustrial timberlands has standing to sue based on devalued property caused by government’s decision to retain watershed as impaired water body.
Environmental Law Feb. 4, 2011
Association of Irritated Residents v. United States Environmental Protection Agency
Agency arbitrarily approves attainment plan revision by failiing to evaluate existing plan and determining its necessity in ensuring compliance with Clean Air Act.
Environmental Law Feb. 3, 2011
Avila v. Willits Environmental Remediation Trust
Statute of limitations under CERCLA, begins to run when plaintiffs have knowledge of alleged injury one year following filing of first suit, not before.
Environmental Law Jan. 28, 2011
Northern California River Watch v. Wilcox
Statutory text ‘areas under Federal jurisdiction’ in Section 9 of Endangered Species Act does not cover privately-owned wetlands adjacent to navigable waters.
Environmental Law Jan. 27, 2011
Western Watersheds Project v. Kraayenbrink
Proposed amendments to grazing regulations violate National Environmental Policy Act where agency failed to take ‘hard look’ at environmental effects.
Environmental Law Jan. 20, 2011
The Wilderness Society v. United States Forest Service
Courts are no longer required to categorically prohibit intervention by private parties and governments as defendants on claims under National Environmental Policy Act.
Environmental Law Jan. 18, 2011
The Lands Council v. McNair
Forest Service properly relies on forest plan's 10 percent old growth standard in deciding to harvest old growth trees to prevent decline of other species.
Environmental Law Dec. 28, 2010
Greater Yellowstone Coalition v. Lewis
Agency decisions to approve expansion of mine in national forest are rationally based on data considering high levels of selenium in water.
Environmental Law Dec. 27, 2010
Wilderness Watch Inc. v. U.S. Fish and Wildlife Service
Water structure violates Wilderness Act because it was not 'necessary' to conserve sheep population in light of other strategies available.
Environmental Law Dec. 21, 2010
Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council
Final Environmental Impact Report must be based on existing, not future, environmental conditions to be valid.
Environmental Law Dec. 16, 2010
The National Association of Home Builders v. The San Joaquin Valley Unified Air Pollution Control District
Clean Air Act does not preempt indirect source review program adopted by local agency to regulate air pollutants from construction sites.
Environmental Law Dec. 7, 2010
Wild Fish Conservancy v. Salazar
U.S. Fish and Wildlife Service fails to articulate rational connection between facts and 'no jeopardy' conclusion in biological opinion regarding hatchery's effect on trout.
Environmental Law Dec. 7, 2010
Center for Biological Diversity v. United States Dept. of Agriculture
GPS coordinates provided by private ranchers to United States Dept. of Agriculture concerning agricultural operations are protected from public disclosure.
Environmental Law Dec. 2, 2010
Humane Society of the United States v. Locke
Agency fails to adequately explain decision to authorize killing of sea lions, which were feeding on endangered salmon at high rates.
Environmental Law Nov. 23, 2010