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Wyoming v. Department of the Interior

The court upholds the dismissal of Wyoming's constitutional, Adminstrative Procedure Act (APA), Endangered Species Act, and National Environmental Policy Act claims against the U.S. Department of the Interior for failing to initiate delisting of the gray wolf as an endangered species and for its all...

Sierra Club v. Corps of Eng'rs

The court holds that an environmental group has standing to challenge the construction of a proposed levee on the Missouri River under the National Environmental Policy Act (NEPA). The group alleged that the U.S. Army Corps of Engineers (Corps) violated NEPA by not preparing an environmental impact ...

Wal-Mart Stores, Inc. v. Turlock, City of

A court upholds a city zoning ordinance prohibiting the development of a "big box" retail store within its jurisdiction. The city made a legitimate policy choice when it decided to organize development using neighborhood shopping centers dispersed throughout the city, the ordinance was reasonably re...

Mineral Ass'ns Coalition v. State Mining & Geology Bd.

The court upholds a California state mining board regulation that requires the Director of the Department of Conservation to concur in any lead agency determination that a mine operator has fulfilled the terms of his reclamation plan and that the financial assurance instruments securing his obligati...

Wyoming v. Livingston

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in th...

Ebbetts Pass Forest Watch v. California Dep't of Forestry & Fire Protection

A court holds that an environmental group may proceed with its petition for writ of mandate in which it seeks to overturn the state forestry department's approval of three timber harvesting plans. The forestry department failed to follow the state's forest practice rules for reviewing the plans' cho...

Reilly v. EPA

A court holds that certain documents relating to the Clean Air Mercury Rule (CAMR) are not exempt from disclosure under the Freedom of Information Act (FOIA). The CAMR regulates mercury emissions from power plants nationwide. During the rulemaking process, the U.S. Environmental Protection Agency (E...

Morning Star Co. v. State Bd. of Equalization

The court reverses a lower court summary judgment decision upholding the state department of toxic substance control's determination that virtually all corporations with 50 or more employees in the state must pay a hazardous materials charge. This determination amounts to a regulation under the stat...

Greenidge v. Allstate Ins. Co.

The court upholds summary judgment in favor of an insurance company over policyholders' claims against it for rejecting a settlement offer in an underlying suit concerning lead poisoning to a young child. The policyholders argued that the rejection constituted bad faith because it exposed them to th...

Neumann v. Carlson Envtl., Inc.

A court grants in part and denies in part motions to dismiss land purchasers' Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA), negligence, fraud, and state-law claims against an environmental consulting firm and the prior owners. The prior owners sold the land without...