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Friends of the Sierra R.R. v. Tuolumne Park & Recreation Dist.

A California appellate court affirmed a lower court's denial of a petition for a writ of mandamus to reverse a public agency's sale of land to the Tuolumne Board of Me-Wuk Indians. The land contained a disused but historic railroad right-of-way. A community group argued that the transfer fell within...

Kennecott Greens Creek Mining Co. v. Mine Safety & Health Admin.

The court denied mining industry groups' and mine operators' petitions for review of three Mine Safety and Health Administration (MSHA) rules regulating diesel particulate matter (DPM) in underground mines. The court rejected the petitioners' claim that the MSHA did not have sufficient evidence that...

Save Tara v. West Hollywood, City of

A California appellate court reversed in part a lower court decision denying a neighborhood association's petition to set aside agreements between a city and developers to build a housing project in West Hollywood. Although the Department of Housing and Urban Development (HUD) approved the developer...

Landwatch Monterey County v. Monterey, County of

A California appellate court upheld a lower court decision denying an environmental group's petition challenging a local board's approval of a development project in Monterey County. The group argued that by approving the project with a mitigated negative declaration (MND) in lieu of an environmenta...

Osborne v. Grussing

The Eighth Circuit upheld the dismissal of residents' §1983 suit against county officials for selectively enforcing provisions of the county zoning ordinance against them in retaliation of the residents' public criticism of the county's lax enforcement of environmental and zoning regulations ag...

Salmon Spawning & Recovery Alliance v. Bashman

The court held that it lacked jurisdiction to hear environmental groups' claims against U.S. Customs, the U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration-Fisheries for allowing threatened and endangered salmon to be imported from Canada into the United States ...

Richmond Am. Homes of Colo., Inc. v. United States

The court held that the U.S. Air Force was liable to homebuilders who had cleaned up asbestos contamination at the former Lowry Air Force Base in Denver. The homebuilders didn't discover the asbestos until after they purchased the former base property. When the Air Force refused to clean up the asbe...

Sierra Club v. Delaware Dep't of Natural Resources & Envtl. Control

The court upheld the dismissal of an environmental group's lawsuit against a state agency and its officials seeking to enjoin the agency from conducting dredging operations in a canal until it complies with an earlier order by the state environmental appeals board remanding a dredging permit for a p...

Action Marine, Inc. v. Continental Carbon, Inc.

The court affirmed a lower court decision denying a manufacturing plant's post-trial motion for judgment as a matter of law in a case involving the plant's alleged emission of "carbon black" into the air that darkened property owners' property. After a 10-day trial, the jury returned a verdict in fa...

Andrews v. Amherst, Town of

A court upheld a town's right to regulate development through zoning that prevents development in flood plains. Landowners filed suit against the town after their property was rezoned from a light industrial zone to a flood-prone conservancy zone. A state land court ruled that the town's action was ...