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Coastal Protection Alliance v. Airbnb
The increased residency of a property caused by an Airbnb short-term rental does not change a residential property into a "development" under the Coastal Act.
Environmental Law 2DCA/3 Sep. 6, 2023
Center for Biological Diversity v. USFS
United States Forest Service was not liable as a contributor for contamination under Resource Conservation and Recovery Act since it played merely a passive role in disposal of hazardous lead ammunition.
Environmental Law 9th Sep. 5, 2023
Anderson v. County of Santa Barbara
Courts may not use California Environmental Quality Act to enjoin county Road Commissioner from executing its legal, public duty of enforcing encroachment laws.
Environmental Law 2DCA/6 Aug. 17, 2023
Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report.
Environmental Law 6DCA Aug. 14, 2023
McCann v. City of San Diego
City satisfied writ of mandate by rescinding the resolutions that approved construction project that allegedly violated the California Environmental Quality Act.
Environmental Law 4DCA/1 Aug. 10, 2023
City and County of San Francisco v. U.S. Environmental Protection Agency
EPA had authority under Clean Water Act to include in San Francisco's pollutant discharge permit two general narrative prohibitions on discharges that cause or contribute to violations of water quality standards.
Environmental Law 9th Aug. 1, 2023
United Neighborhoods for Los Angeles v. City of Los Angeles
California Environmental Quality Act's in-fill exemption's requirement that project be consistent with all applicable general policies was not met when project did not address preservation of housing.
Environmental Law 2DCA/5 Jul. 27, 2023
Olen Properties Corp. v. City of Newport Beach
Residential housing project approved by the City of Newport Beach was consistent with existing public land use policies and did not require a new environmental impact report.
Environmental Law 4DCA/3 Jul. 11, 2023
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 Jul. 6, 2023
Save Our Access v. City of San Diego
San Diego's use of a community plan for a ballot measure to remove building height limits did not meet California Environmental Quality Act requirements.
Environmental Law 4DCA/1 Jun. 27, 2023
Lucas v. City of Pomona
Overlay district established by city for its commercial cannabis permit program was exempt from California Environmental Quality Act because it was consistent with the existing general plan and environmental report.
Environmental Law 2DCA/8 Jun. 15, 2023
Claremont Canyon Conservancy v. Regents of the University of California
Environmental impact report for vegetation removal projects at the University of California, Berkeley was sufficiently specific since it allowed the public to understand the projects' environmental consequences.
Environmental Law 1DCA/3 Jun. 13, 2023
Coalition for Historical Integrity v. City of San Buenaventura
No CEQA violation where city found statue not historically significant, as a report plus finding that it was less than 40 years old rebutted presumption of its historical significance.
Environmental Law 2DCA/6 Jun. 12, 2023
Tulare Lake Canal Co. v. Stratford Public Utility District
Failure to comply with California Environmental Quality Act requirements can create a lack of information which harms the public interest in informed decisionmaking and, consequently, can support granting a preliminary injunction.
Environmental Law 5DCA Jun. 9, 2023
Sackett v. Environmental Protection Agency
Environmental Protection Agency's attempt to assert jurisdiction over private property's wetlands through the Clean Water Act failed because it required clearer congressional language to do so.
Environmental Law USSC May 26, 2023
Save Berkeley's Neighborhoods v. Regents of the University of California
Trial court's orders suspending UC Berkeley student enrollment increases were unenforceable in light of Senate Bill 118's amendments to CEQA.
Environmental Law 1DCA/1 May 23, 2023
GP Vincent II v. The Estate of Beard
Claim preclusion did not bar CERCLA claims regarding property that was the subject of previous environmental litigation.
Environmental Law 9th May 18, 2023
Center for Biological Diversity v. U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service did not properly justify its choice to designate a northern mountain region in Arizona as an unoccupied critical habitat for the endangered jaguar.
Environmental Law 9th May 18, 2023
Alliance for the Wild Rockies v. Petrick
Healthy Forests Restoration Act does not require that a proposed forest project border an at-risk community when a community wildfire protection plan is in place that defines the wildland-urban interface.
Environmental Law 9th May 17, 2023
Preservation Action Council of San Jose v. City of San Jose
San Jose's environmental impact report for high-rise office tower project in downtown plaza was sufficient because its proposed mitigation measures to protect historical bank were feasible.
Environmental Law 6DCA May 12, 2023
Modification: County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate.
Environmental Law 3DCA May 2, 2023
Murphy Co. v. Biden
President Obama's proclamation expanding Oregon's Cascade-Siskiyou National Monument was consistent with expansive discretionary power granted by the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act.
Environmental Law 9th Apr. 25, 2023
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 Apr. 18, 2023
Modification: Environmental Law Foundation v. State Water Resources Control Bd.
State Water Board's adoption of order allowing the anonymization of management practice implementation and data was proper under the rule and commentary of key element four of the Nonpoint Source Policy.
Environmental Law 3DCA Apr. 17, 2023
County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate.
Environmental Law 3DCA Apr. 11, 2023
East Oakland Stadium Alliance, LLC v. City of Oakland
Environmental impact report's assumption that displaced overnight truck parking could relocate from Howard Terminal to nearby lots within the Port of Oakland was supported by substantial evidence.
Environmental Law 1DCA/4 Apr. 3, 2023
City of Los Angeles v. Federal Aviation Administration
Environmental impact statement was deficient because its construction noise analysis was based on faulty assumption that multiple types of construction equipment would not operate simultaneously.
Environmental Law 9th Mar. 30, 2023
Modification: Pacific Palisades Residents Assn., Inc. v. City of Los Angeles
Senior living home project in the Pacific Palisades was exempt from the California Environmental Quality Act because it was built in an urbanized area with no requirement for architectural uniformity.
Environmental Law 2DCA/8 Mar. 29, 2023
California Manufacturers & Technology Assoc. v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment could use nonadverse health effects in assessing and setting public health goal water contamination numbers.
Environmental Law 3DCA Mar. 24, 2023
Environmental Law Foundation v. State Water Resources Control Bd.
State Water Board's adoption of order allowing the anonymization of management practice implementation and data was proper under the rule and commentary of key element four of the Nonpoint Source Policy.
Environmental Law 3DCA Mar. 21, 2023