The First Circuit denied an electric company's petition for review of three Federal Energy Regulatory Commission (FERC) orders that asserted mandatory licensing authority over the company's hydroelectric project, required the company to install gauges to measure stream flow at the project, and requi...

A California appellate court held that a discretionary decision by the state water resources control board as to whether to review a regional water resources control board's decision imposing administrative penalties is not subject to judicial review. The case arose after landowners were assessed a ...

A California appellate court reversed a lower court's dismissal of residents' petition for writ of mandamus challenging a county's approval of a residential development project under the California Environmental Quality Act (CEQA). A "request for a hearing" under CEQA §21167.4 need not include ...

The Fifth Circuit dismissed solid waste disposal companies' claims that local solid waste flow control ordinances violate the Commerce Clause. The companies lack standing to claim that the ordinances are facially discriminatory against out-of-state interests. The ordinances prohibit the export of an...

The Ninth Circuit held unripe nonprofit groups' action to obtain a declaration that a U.S. Department of Energy order that outlines the management of defense radioactive waste is invalid. Delayed review will not cause any real cognizable hardship, but intervention at this point would unduly interfer...

The Ninth Circuit upheld an individual's misdemeanor conviction for using National Forest System land in a gathering of over 75 other persons without a special-use permit. The conviction did not violate his First Amendment rights because the group-use permit scheme leaves open ample alternatives for...

A California appellate court upheld the dismissal of an environmental group's suit challenging the state forest department's approval of six timber harvest plans. The department proceeded in the manner required by law in determining the geographic assessment area, and substantial evidence supports t...

The First Circuit upheld the dismissal of an oil company's lawsuit seeking to enjoin the Puerto Rico Environmental Quality Board from imposing a fine against it for releasing fuel from a leaking underground storage tank system into the environment. Because the proceedings are ongoing before the boar...

A California appellate court held that under the state constitution and the state Water Code, an application for a permit to impound water in a reservoir must state, and the Water Board must determine, that an actual, intended beneficial use, in estimated amounts, will be made of the impounded water...

A California appellate court dismissed a preservation group's suit to enjoin a quarry project under a county initiative that requires new quarries outside an urban zone to be sanctioned by voters. The initiative does not apply to preexisting legal land uses and rights to development. Here, the count...