The court holds that although a Native American tribe may change the use of their water rights established under a 1944 federal court decree from irrigation use to instream use, it may not apply the transportation loss portion of those rights to the new use. The decree provides that the amount alloc...
The court dismisses a petition challenging a U.S. Environmental Protection Agency (EPA) rule allowing the director of an approved state landfill to grant variances from EPA criteria for sanitary landfills. The environmental group challenging the rule lacks associational standing because none of its ...
A court holds that California Penal Code 653o, which bans the import of products made from certain animals, including kangaroos, into California is preempted by federal law and by general federal objectives of kangaroo conservation. The statute as applied in this case conflicts with federal law and ...
A court upholds, with modification, a trial court decision in favor of an insurance company in a case involving an aerospace manufacturer's claim for coverage under numerous insurance policies for pollution-related liability totaling hundreds of millions of dollars. It was error for the trial court ...
A court holds that a city need not prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) for a hotel project in San Diego, California. The potential environmental impacts of the project were adequately examined in two earlier EIRs for a city redevelopment...
The court reverses and remands a district court ruling in favor of a fungicide manufacturer that allegedly induced settlement of several commercial nurseries' prior products liability litigation in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) and state tort law. The dis...
The court dismisses in part and denies in part a petition for judicial review of the Federal Energy Regulatory Commission's decision to allow an owner and operator of a hydroelectric project on the Sebasticook River in Maine to surrender its license and breach a dam. Nearby landowners complained tha...
A court reverses a lower court's grant of peremptory writ ordering the California Department of Forestry and Fire Protection and the California Department of Fish and Game to set aside their administrative determinations regarding the logging and use of certain land in the Headwaters Forest. The low...
The court affirms the dismissal of an individual's complaint challenging the constitutionality of a Rhode Island Department of Environmental Management regulation restricting the number of lobsters that may be harvested by methods other than lobster traps. The individual's equal protection claim was...
The court dismisses an environmental group's petition for review of seven Federal Energy Regulatory Commission (FERC) orders concerning a natural gas pipeline extension from Virginia to North Carolina. The group lacked standing to assert its claim that the natural gas company's route realignments we...