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Name Category Published
Center for Biological Diversity v. Kempthorne
Under ESA, Wildlife Service's 'warranted but precluded' finding had to be published with evaluation of data upon which decision was based.
Environmental Law Jan. 31, 2007
Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Association)
Under California Environmental Quality Act, lack of fair statement of facts forfeits evidentiary claims.
Environmental Law Jan. 31, 2007
Defenders of Wildlife v. EPA
EPA has authority to consider impact on endangered species when deciding whether to transfer water pollution permitting authority to state government.
Environmental Law Jan. 29, 2007
Banker's Hill, Hillcrest, Park West Community Preservation Group v. City of San Diego (Mi Arbolito)
San Diego correctly determined that development of 14-story residential building is exempt from CEQA under urban in-fill development exemption.
Environmental Law Jan. 29, 2007
Opinion of Lockyer
Fish and Game Commission may not prohibit person employed by association of common interest development from using pellet guns to kill rabbits.
Environmental Law Jan. 12, 2007
California Sportfishing Protection Alliance v. FERC
Endangered Species Act imposes no duty to consult about activities conducted by private party pursuant to previously issues, valid license from FERC.
Environmental Law Jan. 11, 2007
County of Los Angeles v. California State Water Resources Control Board
Permit issued by California Regional Water Quality Control Board is subject to California Environmental Quality Act review.
Environmental Law Jan. 11, 2007
American Canyon Community United for Responsible Growth v. City of American Canyon (Lake Street Ventures LLC)
Where proposed changes to development project created significant environmental effects, supplemental environmental review was necessary.
Environmental Law Dec. 20, 2006
Wildwest Institute v. Bull
District court did not abuse its discretion in denying preliminary injunction against U.S. Forest Service's implementation of fuel reduction project.
Environmental Law Dec. 20, 2006
Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert Inc.)
Trial court erred in imposing procedural requirement beyond that expressly stated in California Environmental Quality Act.
Environmental Law Dec. 12, 2006
Divers' Environmental Conservation Organization v. State Water Resources Control Board (U.S. Dept. of the Navy)
Challenge of discharge permit fails where numeric analysis of pollutants in storm water discharges is not required.
Environmental Law Dec. 11, 2006
Oregon Natural Resources Council v. U.S. Bureau of Land Management
Claim challenging EA issued for completed logging project is not moot because under NEPA, EA must address post-logging concerns.
Environmental Law Dec. 7, 2006
Turlock Irrigation District v. Zanker
Water districts must provide water to town but reasonable cost of treating water for domestic use may be passed to consumers.
Environmental Law Nov. 28, 2006
Save Our Neighborhood v. Lishman (Mackay)
City violated California Environmental Quality Act when it failed to use independent environmental review in approving construction project.
Environmental Law Nov. 28, 2006
Gilroy Citizens for Responsible Planning v. City of Gilroy (Wal-Mart Stores Inc.)
Record as whole supports finding that city complied with notice requirements of CEQA and that city provided responses to comments.
Environmental Law Nov. 27, 2006
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection (Pacific Lumber Co.)
Trial court's grant of peremptory writ of mandate commanding state agencies to set aside their administrative determinations cannot be upheld.
Environmental Law Nov. 17, 2006
Pit River Tribe v. U.S. Forest Service
Federal agencies did not adequately review environmental consequences of lease extensions in Medicine Lake Highlands, lands deemed sacred by Pit River Tribe.
Environmental Law Nov. 9, 2006
Joy Road Area Forest and Watershed Association v. California Dept. of Forestry & Fire Protection (Harmony Forest & Land Co.)
Dept. of Forestry erred when it failed to comply with CEQA's notice requirements after adding new information to timber harvest plan.
Environmental Law Nov. 6, 2006
California Farm Bureau Federation v. California Wildlife Conservation Board (Traynham)
State agencies fail to meet burden of establishing that project is exempt from California Environmental Quality Act.
Environmental Law Nov. 5, 2006
Environmental Council of Sacramento v. City of Sacramento
City fully accounted for environmental consequences of habitat conservation plan protecting species of hawk and snake.
Environmental Law Nov. 2, 2006
Earth Island Institute v. Ruthenbeck
Invalidation of statute that categorically exempts from appeal certain U.S. Forest Service actions is proper.
Environmental Law Nov. 1, 2006
Northern California River Watch v. City of Healdsburg
Because rock quarry pit and its wetlands possess 'significant nexus' to waters that are navigable, it is subject to Clean Water Act.
Environmental Law Nov. 1, 2006
Northwest Environmental Advocates v. National Marine Fisheries Service
Evidence supports finding that Army Corps of Engineers took requisite 'hard look' at environmental and economic factors of proposed Columbia River project.
Environmental Law Oct. 26, 2006
Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency (Horton Land LLC)
Agency is not required to prepare separate environmental impact report whose impacts were sufficiently analyzed in prior report.
Environmental Law Oct. 25, 2006
Environmental Protection Information Center v. U.S. Forest Service
District court erred in granting summary judgment against environmental plaintiffs on claim for wrongful denial of fee waiver under Freedom of Information Act.
Environmental Law Oct. 24, 2006
Save Our Carmel River v. Monterey Peninsula Water Management District
Water district violated CEQA guidelines in approving water credit transfer without considering possible cumulative effect of others engaging in similar transfers.
Environmental Law Oct. 23, 2006
City of Marina v. Board of Trustees of the California State University
University's board of trustees failed to mitigate effects on environment when they refused to contribute funds to Fort Ord Reuse Authority.
Environmental Law Oct. 23, 2006
Great Basin Mine Watch v. Hankins
Bureau of Land Management's cumulative impact analysis in approving gold mining permits was inadequate under National Environmental Policy Act.
Environmental Law Oct. 23, 2006
Preservation Action Council v. City of San Jose (Lowe's HIW Inc.)
City's analysis of reduced-size alternative to project was inadequate for purposes of meeting requirements of CEQA.
Environmental Law Oct. 22, 2006
El Dorado Irrigation District v. State Water Resources Control Board
Water district that restricts appropriator's right to divert water, but does not apply similar restrictions on junior appropriators, violates rule of priority.
Environmental Law Oct. 22, 2006