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Nassiri v. City of Lafayette
Development project was exempt from Environmental Quality Act review where project satisfied other criteria and no evidence showed the project site had value as habitat for rare or threatened species.
Environmental Law 1DCA/2 Jul. 19, 2024
Ohio v. Environmental Protection Agency
Stay of Environmental Protection Agency's enforcement of air pollution plan while States' challenge was pending should have been granted where EPA failed to reasonably explain its action.
Environmental Law USSC Jun. 28, 2024
Cascadia Wildlands v. Scott Timber Co.
Environmental group's 2014 anticipatory notice to logging company of Endangered Species Act litigation was adequate notice to satisfy statutory requirements and commence a citizen suit.
Environmental Law 9th Jun. 27, 2024
Puget Soundkeeper Alliance v. Port of Tacoma
State industrial stormwater permit's plain text extended Clean Water Act discharge requirements to all discharges from the facility not just to portions where industrial activities occurred.
Environmental Law 9th Jun. 11, 2024
Make UC a Good Neighbor v. The Regents of the University of California
Plaintiffs' claims that environmental impact report was inadequate for failure to consider social noise and alternative sites lacked merit because of urgency legislation that amended the California Environmental Quality Act.
Environmental Law CASC Jun. 7, 2024
Natural Resources Defense Council v. Haaland
Despite new information regarding protected species, government agencies properly followed Endangered Species Act consultation requirements.
Environmental Law 9th May 24, 2024
Friends of the Inyo v. United States Forest Service
U.S. Forest Service was prohibited from combining two environmental Categorical Exclusions when neither would cover a proposed action alone.
Environmental Law 9th May 22, 2024
Save the Capitol, Save the Trees v. Dept. of General Services
Trial court erred by discharging preemptory writ of mandate without first determining whether defendant remedied CEQA compliance issues previously identified by the Court of Appeal.
Environmental Law, Civil Procedure 3DCA May 16, 2024
People v. Plains All American Pipeline, LP
Trial court erroneously denied restitution for victims of environmental crime based on their mediated civil settlements and class action lawsuits.
Remedies, Environmental Law 2DCA/6 May 6, 2024
Flathead-Lolo-Bitterroot v. State of Montana
Preliminary injunction was appropriate in Endangered Species Act lawsuit because claims raised a serious question on the merits and finding regarding threat of imminent harm was not wholly unsupported.
Environmental Law 9th Apr. 24, 2024
Amended Opinion: Blue Mountains Biodiversity Project v. Jeffries
Because the U.S. Forest Service retained control and considered several alternatives, its project replacing diseased trees with disease-resistant ones did not violate the National Environmental Policy Act.
Environmental Law 9th Apr. 17, 2024
Vichy Springs Resort, Inc. v. City of Ukiah
For California Environmental Quality Act purposes, construction on land leased from the city may have been "discretionary" where the City was under no obligation to allow the construction.
Environmental Law 1DCA/4 Apr. 2, 2024
V Lions Farming, LLC v. County of Kern
Agricultural conservation easements (ACEs) qualify as compensatory mitigation for the purposes of the California Environmental Quality Act.
Environmental Law 5DCA Mar. 11, 2024
Safety-Kleen of California, Inc. v. Dept. of Toxic Substances Control
Department of Toxic Substances Control could find a Class I hazardous waste violation without finding the waste represented a significant threat to human health or the environment.
Environmental Law 1DCA/3 Mar. 6, 2024
Hilltop Group, Inc. v. County of San Diego
Project was exempt from environmental impact report requirements where there was not substantial evidence supporting a finding that uniform policies and procedures would not mitigate the project's potential environmental effects.
Environmental Law 4DCA/1 Feb. 20, 2024
Natural Resources Defense Council v. City of Los Angeles
Trial court's broad discretion to fashion equitable remedies for California Environmental Quality Act violations necessitated remand where it fashioned a remedy under the mistaken belief its discretion was limited.
Environmental Law 4DCA/1 Jan. 23, 2024
Guerrero v. City of Los Angeles
Trial court erred in determining project's approval date that would bar California Environmental Quality Act claim due to statute of limitations.
Environmental Law 2DCA/5 Jan. 19, 2024
Amended Opinion: California Restaurant Association v. City of Berkeley
Despite not directly regulating natural gas appliances, ordinance prohibiting installing natural gas infrastructure in new buildings was expressly preempted as regulation on the quantity of gas consumed by covered appliances.
Environmental Law 9th Jan. 3, 2024
Migrant Clinicians Network v. U.S. Environmental Protection Agency
EPA's amended registrations of pesticide failed to comply with the Endangered Species Act and parts of the Federal Insecticide, Fungicide, and Rodenticide Act.
Environmental Law 9th Dec. 14, 2023
Earth Island Institute v. United States Forest Service
U.S. Forest Service's actions involved in approving environmental project to address fires, infestations, and infections, comported with all applicable regulations and statutes.
Environmental Law 9th Dec. 8, 2023
Center for Biological Diversity v. Haaland
Agency analysis was arbitrary and capricious where it claimed that a conversation easement preventing agricultural use would save water, despite no use of the land for agriculture in ten years.
Environmental Law 9th Dec. 5, 2023
Cottonwood Environmental Law Center v. Edwards
Environmental group could not advance a direct-discharge theory of liability against sewage treatment center because its underdrain pipe did not transfer pollutants between meaningfully distinct water bodies
Environmental Law 9th Nov. 22, 2023
Idaho Conservation League v. Poe
Because defendant's suction dredge mining activity was not a simple transfer of water, it required a Clean Water Act permit.
Environmental Law 9th Nov. 21, 2023
California Construction & Industrial Materials Assn. v. County of Ventura
County was not required to submit a Surface Mining and Reclamation Act statement of reasons for its ordinance creating wildlife animal movement corridors.
Environmental Law 2DCA/6 Nov. 14, 2023
Modification: Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis.
Environmental Law 1DCA/3 Oct. 23, 2023
Historic Architecture Alliance v. City of Laguna Beach
Under California Environmental Quality Act, when historical resource exemption is at issue, project's compliance with the Secretary of Interior's Standards for Historic Properties is reviewed for substantial evidence.
Environmental Law 4DCA/3 Oct. 10, 2023
Marina Coast Water Dist. v. County of Monterey
Water company's desalination project did not require further additional environmental review despite additional conditions adopted thereafter.
Environmental Law 6DCA Oct. 6, 2023
Oroville Dam Cases
Department of Water Resources was not a "person" under the Fish and Game Code when it came to releasing material deleterious to wildlife into Lake Oroville.
Environmental Law 3DCA Oct. 6, 2023
Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis.
Environmental Law 1DCA/3 Sep. 22, 2023
Earth Island Institute v. Muldoon
Plaintiff could not demonstrate likelihood of success on the merits because challenged agency action was an identified categorical exclusion to environmental impact reporting requirements.
Environmental Law 9th Sep. 13, 2023