A California appellate court affirmed a lower court decision that denied in part petitions for writ of mandate of plaintiffs, public agencies and mutual water companies, challenging certain amendments made to a water quality control plan by a state water quality control board. Plaintiffs asserted th...
The U.S. Supreme Court held that a Native American tribe's reacquisition of historic reservation land does not prohibit the imposition of local property taxes. The tribe cannot unilaterally revive its ancient sovereignty over the parcels at issue. The tribe long ago relinquished governmental reins a...
A California appellate court, in an eminent domain action concerning the valuation of property to be used in a highway project, held that a trial court correctly precluded the city's valuation method of the taken property. The city argued that the taken property should be valued based on its "agricu...
A district court denied New Jersey's motion to amend a 1997 consent decree concerning the Gloucester Environmental Management Services, Inc., landfill and ordered it to comply with the terms of the decree. The state alleged that the detection of the presence of radionuclides requires a new remedy fo...
The Supreme Court of California held that the California Coastal Commission's approval of a coastal development permit that straddles the coastal zone boundary conforms with the California Coastal Act of 1976. The Commission considered the ways in which the proposed development outside the coastal z...
The court dismissed a Florida resident's claims that three Wyoming statutes unconstitutionally limit hunting opportunities for nonresidents. The individual lacks standing to challenge the "guide statute" that creates two classes of hunters—resident and nonresident—for wilderness hunting because ...
A court upholds the denial of a citizen group's motion for attorney fees in its California Environmental Quality Act action against a city in connection with the approval of a retail warehouse construction project. There were no significant benefits derived by a large number or class of people as a ...
The court holds that the Director of the California Department of Conservation has standing to file a petition for a writ of mandate challenging a county's approval of reclamation plans and financial assurances for two surface mining operations. The Director's standing to pursue a writ of mandate is...
The court holds that an insurer must indemnify a lead smelting company for any remediation costs and expenses the U.S. Environmental Protection Agency (EPA) incurred remediating lead pollution at the company's facility on Harbor Island, Washington. The insurer issued the company a claims-made insura...
A court denies motions to intervene and set aside a consent decree concerning the cleanup and restoration of contaminated groundwater. The motion to intervene was filed 10 years after the consent decree was entered, there has been extensive public involvement concerning the decree, and the existing ...