Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
04-16563
|
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 | |
C044653
|
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 | |
03-71439
|
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 | |
D046360
|
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 | |
06-109
|
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 | |
05-73064
|
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 | |
B184034
|
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 | |
A111278
|
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 | |
06-35662
|
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 | |
C049364
|
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 | |
D046112
|
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 | |
05-35245
|
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 | |
F047094
|
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 | |
C049525
|
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 | |
H028539
|
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 | |
A104828
|
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 | |
04-15746
|
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 | |
A105421
|
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 | |
C049919
|
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 | |
C049527
|
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 | |
05-16975
|
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 | |
04-15442
|
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 | |
05-35806
|
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 | |
D045274
|
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 | |
04-15512
|
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 | |
H029242
|
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 | |
S117816
|
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 | |
04-16125
|
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 | |
H028201
|
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 | |
C046211
|
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 |