A court holds that a county must set aside its approvals for a development project. The project is inconsistent with the county's general plan because it will cause an impermissible increase in traffic. In addition, the environmental impact report for the project must be set aside. It uses an improp...

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §309, which preempts a state's statute of limitations if it provides a commencement date earlier than the federal commencement date, does not preempt Texas' 15-year statute of repose in a che...

The court holds that landowners residing within various irrigation districts in central Arizona may not seek declaratory relief to prevent modification of existing irrigation contracts between the Central Arizona Water Conservation District and the United States. The landowners are merely incidental...

A court holds that a city violated the California Environmental Quality Act in adopting revisions to its general plan with regard to unleashed dogs at a state beach. The city's initial study failed to adequately describe the impacts of off-leash dog use at the beach. Once the informational requireme...

The court held that a district court did not abuse its discretion in refusing to set aside a default judgment against a manufacturing company in a case concerning environmental cleanup and remediation at the company's manufacturing plant. Among other things, the default judgment ordered the company ...

The court holds that a phosphate mining company lacks standing to challenge a competitor's phosphate mining project under the National Environmental Policy Act (NEPA). The company had no environmental interests at stake. Rather, it challenged the project because it might become an alternative suppli...

The court dismisses various parties' challenges to the U.S. Army Corps of Engineers' operation of the Missouri River main stem reservoir system and associated U.S. Fish and Wildlife Service (FWS) wildlife assessments. The court dismissed as moot several claims concerning the conditional summer low f...

The court holds that an oil company's insurer must indemnify the company for environmental cleanup and abatement costs ordered by a state administrative agency. In a previous case concerning another insurer of the company, the court held that the insurer's duty to indemnify the company for "all sums...

The court holds that an insurance company need not indemnify a county for expenses it incurred in responding to an administrative agency order requiring it to remediate environmental contamination at a county landfill. The nonstandard, excess third-party liability policy at issue obligates the insur...

The court denied motions to dismiss a city's Comprehensive Environmental Compensation, Recovery, and Liability Act (CERCLA), Clean Water Act (CWA), and state-law claims against various dairy owners and operators. Venue over the city's CWA claims was proper for several of the operators, and the court...