| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F055448
|
California Building Industry Association v. San Joaquin Valley Air Pollution Control District
Fee regulating pollution emissions by developers constitutes valid regulatory fee where fee did not exceed reasonable costs of program. |
Environmental Law |
|
Oct. 8, 2009 | |
|
G040122
|
National Paint & Coatings Association Inc. v. South Coast Air Quality Management District
Rule limiting amount of volatile organic compounds allowed in paint and coatings is improper where limits were not 'available' and 'achievable.' |
Environmental Law |
|
Oct. 1, 2009 | |
|
B213637
|
Las Lomas Land Co. LLC v. City of Los Angeles
City is not required to prepare environmental impact report where it does not intend to approve or carry out development proposal. |
Environmental Law |
|
Sep. 21, 2009 | |
|
H032502
|
California Native Plant Society v. City of Santa Cruz
City's approval of project is proper where determination of infeasibility of proposed alternatives was based on policy considerations. |
Environmental Law |
|
Sep. 21, 2009 | |
|
08-35045
|
Rosemere Neighborhood Association v. U.S. EPA
'Voluntary cessation' exception to mootness applies where EPA consistently delayed in responding to complaints related to civil rights violations. |
Environmental Law |
|
Sep. 18, 2009 | |
|
07-16423
|
Center for Biological Diversity v. United States Dept. of the Interior
Land exchange violates National Environmental Policy Act where consequences of land exchange were not identical to no-action alternative. |
Environmental Law |
|
Sep. 15, 2009 | |
|
C059227
|
First v. City of Tracy (Winco Foods)
City council may approve amended environmental impact report where request for amendment was not denial of project subject to planning commission review. |
Environmental Law |
|
Aug. 31, 2009 | |
|
07-15613
|
People v. U.S. Dept. of Agriculture
U.S. Forest Service violates National Environmental Policy Act by failing to prepare environmental impact statement before repealing substantive environmental protections. |
Environmental Law |
|
Aug. 26, 2009 | |
|
07-312
|
Opinion of Brown
Caltrans must continue to pay fees adopted under Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. |
Environmental Law |
|
Aug. 25, 2009 | |
|
08-35186
|
Western Radio Services Co. v. United States Forest Service
Plaintiff may not bring implied private action against federal officers where Administrative Procedure Act provided adequate alterative remedy. |
Environmental Law |
|
Aug. 24, 2009 | |
|
B207721
|
City of Long Beach v. Los Angeles Unified School District
Proposed mitigation measures to reduce exposure to hazardous emissions in final environmental impact report are supported by substantial evidence. |
Environmental Law |
|
Aug. 19, 2009 | |
|
08-55474
|
City of Rilato v. West Coast Loading Corp.
Federal court lacks jurisdiction over corporation’s claim that EPA engaged in 'pattern and practice' of issuing unfounded emergency orders. |
Environmental Law |
|
Aug. 17, 2009 | |
|
07-16892
|
Sierra Forest Legacy v. Rey
District court errs in denying preliminary injunction where new policy allowing logging of larger trees was not balanced against former policy. |
Environmental Law |
|
Aug. 14, 2009 | |
|
07-15613
|
People v. U.S. Dept. of Agriculture
U.S. Forest Service violates National Environmental Policy Act by failing to prepare environmental impact statement before repealing substantive environmental protections. |
Environmental Law |
|
Aug. 10, 2009 | |
|
07-35797
|
Saint John's Organic Farm v. Gem County Mosquito Abatement District
Attorney fees award to prevailing party is appropriate under Clean Water Act unless special circumstances would render award unjust. |
Environmental Law |
|
Aug. 4, 2009 | |
|
07-35054
|
The Ecology Center v. Castaneda
'Best available science' supports U.S. Forest Service's determination that minimum 10 percent of forest acreage would maintain old-growth habitat. |
Environmental Law |
|
Jul. 23, 2009 | |
|
E042229
|
Habitat Trust for Wildlife Inc. v. City of Rancho Cucamonga
No violation of environmental group's due process rights where city denies 'qualified conservation entity' status for failure to provide proper documentation. |
Environmental Law |
|
Jul. 23, 2009 | |
|
08-15112
|
River Runners for Wilderness v. Martin
National park policies are not legally enforceable under Administrative Procedure Act. |
Environmental Law |
|
Jul. 22, 2009 | |
|
07-73664
|
California Trout v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission's determination that plaintiff lacked good cause for untimely intervention is proper. |
Environmental Law |
|
Jul. 21, 2009 | |
|
07-35797
|
Saint John's Organic Farm v. Gem County Mosquito Abatement District
Attorney fees award to prevailing party is appropriate under Clean Water Act unless special circumstances would render award unjust. |
Environmental Law |
|
Jul. 17, 2009 | |
|
07-16458
|
Geertson Seed Farms v. Johanns
District court properly enjoins future planting of genetically modified alfalfa where contamination has already occurred. |
Environmental Law |
|
Jun. 25, 2009 | |
|
07-984
|
Coeur Alaska Inc. v. Southeast Alaska Conservation Council
Army Corps of Engineers properly issues permit allowing initial discharge of "slurry," a waste material, into lake. |
Environmental Law |
|
Jun. 23, 2009 | |
|
S157793
|
Guzman v. County of Monterey
County does not have duty to direct public water system operator to notify consumers of contaminated drinking water. |
Environmental Law |
|
Jun. 23, 2009 | |
|
07-35754
|
Sea Hawk Seafoods, Inc. v. Locke
Challenge of Magnuson-Stevens Fishery Conservation and Management Act amendment permitting certain companies to enter Alaska fisheries subject to 30-day filing period. |
Environmental Law |
|
Jun. 19, 2009 | |
|
04-35182
|
Baker v. Exxon Mobil Corp.
Post-judgment interest to run from date of initial entry of judgment rather than date of entry of remitted judgment. |
Environmental Law |
|
Jun. 17, 2009 | |
|
C057578
|
California Oak Foundation v. County of Tehama
California Environmental Quality Act compliance documents are work product subject to attorney-client privilege. |
Environmental Law |
|
Jun. 15, 2009 | |
|
07-70121
|
City of Las Vegas, Nevada v. FAA
FAA's 'Finding of No Significant Impact' approving modification of airport flight departure route is not arbitrary act. |
Environmental Law |
|
Jun. 15, 2009 | |
|
E045541
|
Health First v. March Joint Powers Authority (Tesco Stores West Inc.)
Decision to approve application for development of warehouse facility is ministerial act that does not require environmental review. |
Environmental Law |
|
Jun. 12, 2009 | |
|
07-16641
|
Tucson Herpetological Society v. Salazar
Decision to withdraw proposal to list flat-tailed horned lizard as threatened species is unreasonable due to reliance on unclear data. |
Environmental Law |
|
May 19, 2009 | |
|
06-56193
|
Center for Biological Diversity v. Marina Point Development Co.
Court lacks jurisdiction in Clean Water Act citizen suit due to defective 60-day notice and simultaneous government action. |
Environmental Law |
|
May 14, 2009 |