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St. John's United Church of Christ v. Chicago, City of

The court upholds the denial of a church's motion for a preliminary restraining order to prevent the relocation of a cemetery in conjunction with plans to renovate Chicago's O'Hare International Airport. Eminent domain does not constitute a "land use" regulation subject to the Religious Land Use and...

Miller v. Highland County

The court upholds a county's decision approving the construction of 20 wind turbines about 400 feet in height, a height that exceeds the maximum height permitted by the zoning ordinance, as well as an electric generation substation on property that is located in an agricultural zoning district. Two ...

Lincoln Place Tenants Ass'n v. Los Angeles, City of

A California appellate court reversed a lower court decision denying residents' petitions to compel a city to enforce mitigation measures imposed under the California Environmental Quality Act (CEQA) in connection with the redevelopment of an apartment complex. The California Ellis Act, concerning r...

Santa Clarita Org. for Planning the Env't v. Los Angeles, County of

A California appellate court upheld the water services portion of a county's environmental impact report (EIR) for a residential and commercial development project north of Los Angeles. In a prior case, the court remanded the EIR because it relied on water entitlements instead of actual water in ana...

Guzman v. Monterey, County of

A California appellate court held that provisions of the California Safe Drinking Water Act impose upon a county a mandatory duty under Cal. Gov. Code §815.6 to review and respond to water quality monitoring reports submitted by water systems for which the county is responsible. The case involv...

State v. Bulk Petroleum Corp.

A Michigan appellate court upheld a lower court's imposition of over $2.5 million in penalties against the owners of a gas station for failing to comply with certain orders and statutory requirements in remediating contamination due to leaking underground storage tanks at the site. The trial court a...

McElmurray v. August-Richmond County

The Eleventh Circuit upheld the dismissal of dairy farmers' False Claims Act (FCA) against a Georgia county for misrepresenting its compliance with state and local environmental laws in order to obtain federal government loans for wastewater treatment facilities providing sewage sludge as fertilizer...

Tolumne County Citizens for Responsible Growth, Inc. v. Sonora, City of

A California appellate court reversed a lower court decision denying a petition for writ of mandate challenging a city's approval of a home improvement center construction project. A citizens group argued that the realignment of a nearby road should have been considered as part of the same project u...

Robert Brace v. United States

The Federal Circuit affirmed the lower court’s judgment that no taking occurred on a Pennsylvania family farm where a U.S. Environmental Protection Agency consent decree required appellant-farmer to reestablish wetlands on a portion of the farm. The farm is an integrated whole despite the exis...

Fall River, City of v. Federal Energy Regulatory Comm'n

The First Circuit denied appellants' motion seeking to reverse a July 2005 order of the Federal Energy Regulatory Commission (FERC) granting conditional approval for a liquefied natural gas terminal and FERC's denial of appellants' motion to reopen the record. Where an agency's decision is condition...