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United States v. Truckee-Carson Irrigation District
Tribe was entitled to change use of water rights, but was not entitled to apply transportation loss portion of rights.
Environmental Law Feb. 14, 2006
United States v. Asarco Inc.
District court must first interpret terms of environmental cleanup consent decree as if it was contract to determine if modification is warranted.
Environmental Law Feb. 14, 2006
Ecology Center Inc. v. Austin
Forest Services' decision allowing logging in critical old-growth forest and post-fire habitats was 'arbitrary and capricious.'
Environmental Law Feb. 14, 2006
United States v. W.R. Grace and Co.
Environmental Protection Agency, in responding to health reports due to asbestos related contamination, did not exceed its authority to conduct cleanup activities.
Environmental Law Feb. 10, 2006
County of El Dorado v. Dept. of Transportation
Environmental impact report must provide details about individual impact on air quality of proposed casino and interchange project.
Environmental Law Feb. 7, 2006
Laub v. Davis
State's environmental impact report concerning water quality failed to address impact of diverting water from potential sources.
Environmental Law Feb. 7, 2006
Laub v. Davis
State's environmental impact report concerning water quality failed to address impact of diverting water from potential sources.
Environmental Law Feb. 7, 2006
People v. El Dorado County (Brunius)
Director of Dept. of Conservation may not petition for writ of mandate to challenge violations of Surface Mining and Reclamation Act.
Environmental Law Feb. 3, 2006
City of Burbank v. State Water Resources Control Board
Water board may issue permit with pollution limits without regard to economic burden on water treatment plant.
Environmental Law Feb. 3, 2006
Native Ecosystems Council v. U.S. Forest Service
Forest Service did not violate National Environmental Policy Act when it offered sufficient analysis of cumulative impacts of its project.
Environmental Law Feb. 3, 2006
County of El Dorado v. Dept. of Transportation
Environmental impact report must provide details about individual impact on air quality of proposed casino and interchange project.
Environmental Law Feb. 3, 2006
Sierra Club v. California Coastal Commission (Catellus Residential Group)
Coastal commission acted correctly when it confined its analysis of project to environmental impacts of portion of project inside coastal zone.
Environmental Law Feb. 3, 2006
Marine Forests Society v. California Coastal Commission
Unfettered appointment structure of California Coastal Commission makes it 'legislative agency,' in violation of separation of powers doctrine.
Environmental Law Feb. 3, 2006
California Oak Foundation v. City of Santa Clarita (Gate King Properties)
Trial court erred when denying petition to order city to set aside its certification of final environmental impact report.
Environmental Law Jan. 30, 2006
U.S. v. Alisal Water Corp.
Court order requiring divestiture of privately-owned water systems that violated Safe Drinking Water Act was proper.
Environmental Law Jan. 6, 2006
Communities for a Better Environment v. State Water Resources Control Board (Tesoro Refining and Marketing Co.)
Amended pollution discharge permit may replace water quality-based pollutant limit with performance-based limit.
Environmental Law Dec. 20, 2005
Skranak v. Castenada
Mild interference with use of easement pursuant to government's own property interests will not start statute of limitations running.
Environmental Law Dec. 19, 2005
Baccarat Fremont Developers LLC v. U.S. Army Corps of Engineers
Army Corps' jurisdiction over adjacent wetlands does not depend on existence of significant hydrological or ecological connection with waters of United States.
Environmental Law Dec. 19, 2005
Pacific Coast Federation of Fishermen's Associations v. U.S. Bureau of Reclamation
Federal agency has not demonstrated that it followed mandate of Endangered Species Act to avoid likelihood of jeopardy to coho salmon.
Environmental Law Dec. 15, 2005
The Ecology Center v. Castaneda
Provision of Flathead and Kootenai National Forest Rehabilitation Act does not violate separation of powers doctrine.
Environmental Law Dec. 15, 2005
Association of Irritated Residents v. EPA
Environmental Protection Agency may extend deadline for San Joaquin Valley to meet air quality standard.
Environmental Law Dec. 5, 2005
Fairhurst v. Hagener
Pesticide applied to river under scheme to eliminate non-native trout is not 'pollutant' for purpose of Clean Water Act.
Environmental Law Dec. 4, 2005
National Wildlife Federation v. National Marine Fisheries Service
Preliminary injunction based on violation of Endangered Species Act was proper.
Environmental Law Nov. 21, 2005
Natural Resources Defense Council v. U.S. Forest Service
Misinterpretation of market demand for timber made logging plan arbitrary and capricious.
Environmental Law Nov. 21, 2005
Natural Resources Defense Council Inc. v. National Marine Fisheries Service
Federal agency's fishing limits for darkblotched rockfish violated environmental law.
Environmental Law Nov. 21, 2005
Ashley Creek Phosphate Co. v. Norton
Phosphate company with only economic stake in mining project cannot sue under National Environmental Policy Act.
Environmental Law Nov. 15, 2005
Laub v. Davis
State's environmental impact report concerning water quality failed to address impact of diverting water from potential sources.
Environmental Law Nov. 15, 2005
National Wildlife Federation v. National Marine Fisheries Service
Preliminary injunction based on violation of Endangered Species Act was proper.
Environmental Law Nov. 11, 2005
Native Ecosystems Council v. U.S. Forest Service
Government's approval of wildlife improvement project involving timber sale violates environmental laws and local forest plan.
Environmental Law Nov. 11, 2005
Citizens to Enforce CEQA v. City of Rohnert Park (SC Sonoma Development LLC)
Memorandum of Understanding between Indian tribe and city for casino development does not trigger environmental review.
Environmental Law Nov. 11, 2005