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City of Santee v. County of San Diego (State of California Dept. of Corrections and Rehabilitation)
Public agency is not required to conduct environmental review based on agreement to identify potential locations for state prison reentry facility.
Environmental Law Jun. 30, 2010
Center for Biological Diversity v. County of San Bernardino (Nursery Products LLC)
Environmental Impact Report evaluating source of water supply for compost facility must contain water supply assessment.
Environmental Law Jun. 24, 2010
Monsanto Co. v. Geertson Seed Farms
Permanent injunctions are not presumed remedies for National Environmental Policy Act violation, and plaintiff must show irreparable injury for such relief.
Environmental Law Jun. 22, 2010
Tomlinson v. County of Alameda (Wong)
New housing subdivision is not exempt from California Environmental Quality Act requirements where it constitutes project not 'within city limits' of municipality.
Environmental Law Jun. 21, 2010
San Diego Navy Broadway Complex Coalition v. City of San Diego (Manchester Pacific Gateway LLC)
Subsequent environmental impact report is not required where city did not grant discretionary approval providing it authority to address environmental impacts.
Environmental Law Jun. 18, 2010
Kern County Water Agency v. Watershed Enforcers
State agencies are included in definition of ‘person’ under California Endangered Species Act and may not take endangered species without required permit.
Environmental Law Jun. 18, 2010
Arizona Cattle Growers' Association v. Salazar
Agency properly designates areas as 'occupied' for purposes of Endangered Species Act where species is likely to be present during reasonable time period.
Environmental Law Jun. 7, 2010
TWC Storage LLC v. State Water Resources Control Board
Water Code violation does not require landowner’s active participation in discharging hazardous substance, only possession or control of land.
Environmental Law Jun. 7, 2010
United States v. APW North America
Under CERCLA, non-settling potentially responsible parties may intervene in litigation to oppose consent decree incorporating settlement that would cut off contribution rights.
Environmental Law Jun. 3, 2010
Butte Environmental Council v. United States Army Corps of Engineers
Biological report for construction proposal is not arbitrary or capricious where species’ critical habitat can be destroyed without appreciably diminishing habitat’s value.
Environmental Law Jun. 2, 2010
Center for Biological Diversity v. County of San Bernardino (Nursery Products LLC)
Environmental Impact Report evaluating source of water supply for compost facility must contain water supply assessment.
Environmental Law May 27, 2010
National Parks & Conservation Association v. Bureau of Land Management
Land exchange appraisal should have considered landfill as 'highest and best use' where exchange occurred as part of plan to build landfill.
Environmental Law May 19, 2010
Californians for Pesticide Reform v. California Dept. of Pesticide Regulation
California Dept. of Pesticide Regulation's policy of prioritizing pesticides for risk assessment complies with Toxic Air Contaminants Act.
Environmental Law May 17, 2010
San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board
Amendment to Water Quality Control Plan establishing discharge limits for salt and boron does not violate Clean Water Act.
Environmental Law May 6, 2010
Communities for a Better Environment v. City of Richmond (Chevron Products Co.)
Environmental impact report is inadequate where project description was unclear as to specific gravity of crude oil that refinery could process.
Environmental Law Apr. 28, 2010
Fence Creek Cattle Co. v. United States Forest Service
United States Forest Service may cancel grazing permit where permittee fails to provide proof of purchase for cattle.
Environmental Law Apr. 27, 2010
San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board
Amendment to Water Quality Control Plan establishing discharge limits for salt and boron does not violate Clean Water Act.
Environmental Law Apr. 14, 2010
Watsonville Pilots Association v. City of Watsonville
City’s failure to adequately consider airport-related safety hazards in preparing environmental impact report violates California Environmental Quality Act and State Aeronautics Act.
Environmental Law Apr. 13, 2010
Jones v. Regents of University of California
Citizens opposing environmental impact report for laboratory must exhaust administrative remedies before seeking judicial review where public could raise concerns before approval.
Environmental Law Apr. 12, 2010
Jones v. Regents of University of California
Citizens opposing environmental impact report for laboratory must exhaust administrative remedies before seeking judicial review where public could raise concerns before approval.
Environmental Law Apr. 9, 2010
California American Water v. City of Seaside
Court properly orders water management district to set aside denial of application to pump groundwater where denial contravened adoption of 'physical solution.'
Environmental Law Apr. 5, 2010
Stockton Citizens for Sensible Planning v. City of Stockton (A.G. Spanos Construction Inc.)
Notice of ministerial exemption under California Environmental Quality Act need not announce valid development project for statute of limitations to run.
Environmental Law Apr. 2, 2010
Karuk Tribe of Northern California v. California Regional Water Quality Control Board North Coast Region
Federal Power Act preempts California law governing waste discharge to federally licensed hydroelectric dam-reservoirs.
Environmental Law Apr. 1, 2010
Melom v. City of Madera (Zelman Retail Partners Inc.)
Reapportionment of retail project allowing greater space to ‘supercenter’ does not necessarily require additional environmental impact report.
Environmental Law Mar. 25, 2010
Gualala Festivals Committee v. California Coastal Commission
Fireworks display is ‘development’ under California Coastal Act of 1976 requiring coastal development permit.
Environmental Law Mar. 25, 2010
Communities For A Better Environment v. South Coast Air Quality Management District
District must prepare environmental impact report where substantial evidence supports argument that proposed project may have adverse environmental effect.
Environmental Law Mar. 15, 2010
Native Ecosystems Council v. Tidwell
U.S. Forest Service's habitat proxy analysis regarding project to update grazing allotments is unreliable where assessment was based on nonexistent management indicator species.
Environmental Law Mar. 9, 2010
MacClarence v. U.S. EPA
Petitioner fails to demonstrate that permit did not comply with Clean Air Act where allegations were not supported by references, analysis, or evidence.
Environmental Law Mar. 4, 2010
Friends of Glendora v. City of Glendora
Fee is properly imposed by city on resident who appealed approval of construction project without environmental impact report.
Environmental Law Mar. 2, 2010
Committee for Green Foothills v. Santa Clara County Board of Supervisors (Board of Trustees of the Leland Stanford Junior University)
County's filing of notice of determination triggers 30-day statute of limitations for all California Environmental Quality Act challenges to decisions in notice.
Environmental Law Feb. 12, 2010