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Save Our Carmel River v. Monterey Peninsula Water Management Dist.

A court orders a city and a water district to reverse their approval of a water credit transfer. The water credit transfer in this case is a "project" within the meaning of the California Environmental Quality Act (CEQA). The city and district therefore argue that it was exempt from CEQA under the c...

Nuclear Info. & Resource Serv. v. NRC

The court holds that petitioners lack standing to challenge a Nuclear Regulatory Commission (NRC) rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argue that the NRC violated the National Environmental Policy Act in prepa...

Pajaro Valley Water Management Agency v. Amrhen

An appellate court upholds a local water agency ordinance that increases the groundwater augmentation fee to be charged to operators of wells within its jurisdiction. None of the agency board members voting for the augmentation charge had a disqualifying financial interest in approving the ordinance...

Ortega Rock Quarry v. Golden Eagle Ins. Corp.

An appellate court holds that an insurer has no duty to defend or indemnify a company in underlying actions concerning its unauthorized discharge of fill material into a creek. The discharges occurred after the company placed fill dirt along a road so that it could access a quarry. As a result of th...

Highway J Citizens Group v. Department of Transp.

The court affirms a lower court decision denying environmental groups' motion to preliminarily enjoin a highway expansion project in Wisconsin. The groups argue that the project violates the Administrative Procedure Act, the Clean Water Act, the Federal-Aid Highway Act, and the National Environmenta...

Keystone Consol. Indus., Inc. v. Employers Ins. Co. of Wausau

The court reverses and remands a grant of summary judgment in a manufacturer's suit for indemnification arising out of environmental cleanup costs at four sites in Illinois and Indiana. Under Illinois law, the duty to indemnify may arise even in the absence of a lawsuit triggering the duty to defend...

Preservation Action Council v. San Jose, City of

An appellate court orders a city to rescind its decision certifying an environmental impact report (EIR) for a redevelopment project that would convert an unused historic building into a retail hardware and garden supply center. Under the California Environmental Quality Act's EIR guidelines, the ci...

Noe v. Henderson

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state ...

Sarei v. Rio Tinto, Pub. Ltd. Co.

The court partially reverses the dismissal of an Alien Tort Claims Act action brought by residents of Papua New Guinea against a mining corporation claiming numerous violations of international law and racial discrimination. None of the residents' claims presents nonjusticiable political questions, ...

Nevada v. Department of Energy

The court denies Nevada's petition for review of the U.S. Department of Energy's (DOE's) final environmental impact statement (EIS) for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mounta...