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Valley Advocates v. Fresno, City of

A California appellate court reversed the denial of a petition challenging a city's approval of an application to demolish a building to make way for a larger parking lot. The city concluded that the building was not an historic resource and that the project was exempt from the California Environmen...

P & V Enters. v. Corps of Eng'rs

The D.C. Circuit dismissed developers' lawsuit challenging the U.S. Army Corps of Engineers' definition of "waters of the United States" in a 1986 rule as facially invalid under the Commerce Clause. The action is barred by the six-year statute-of-limitations period under 28 U.S.C. §2401(a). Bec...

Right Site Coalition v. Los Angeles Unified Sch. Dist.

A California appellate court held that a trial court improperly denied a group's motion to preliminarily enjoin a school district from demolishing 49 housing units to make way for a new school under the power of eminent domain. The group argued that the environmental impact report for the project vi...

Pacific Merchant Shipping Ass'n v. Goldstene

The Ninth Circuit upheld an injunction enjoining the California Air Resources Board from enforcing state regulations that limit emissions from the auxiliary diesel engines of ocean-going vessels within 24 miles of California's coast. Clean Air Act (CAA) §209(e)(2)(A) requires California to obta...

Johnson v. Orleans Parish Sch. Bd.

A Louisiana appellate court affirmed in part a lower court decision in favor of residents who brought a class action suit against New Orleans for converting a municipal landfill into a residential area in the Ninth Ward. The city was negligent in its actions and inactions that resulted in the conver...

Holdgrafer v. Unocal Corp.

A California appellate court reversed a lower court's award of $5 million in punitive damages against a pipeline company for trespass, nuisance, and negligence in connection with underground oil contamination that was caused by a leak from one of the company's pipelines. The company argued that its ...

Marcy v. Rown Cos.

The Fifth Circuit dismissed an individual's lawsuit against an offshore drilling company on behalf of the United States under the False Claims Act. The individual alleged that the company, his former employer, ordered him to illegally dump oil and other hazardous substances into the Gulf of Mexico a...

Transcontinental Gas Pipe Line Corp. v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied a petition challenging a Federal Energy Regulatory Commission (FERC) order directing a pipeline operator that expanded its pipeline and added compressors to carry gas shipped by several new customers to allocate the added electricity costs only to the customers for whom the e...

Citizens for Responsible & Open Gov't v. Grande Terrace, City of

A California appellate court affirmed a lower court judgment ordering a city to prepare an environmental impact report for a 120-unit senior housing facility, a 6,500 square-foot community senior center, and a four-acre public park. There is substantial evidence that the project's increase in popula...

St. Vincent's Sch. for Boys v. San Rafael, City of

A California appellate court affirmed a lower court decision denying a property owner's petition challenging changes to a city's zoning rules. The city's general land use plan initially called for future annexation of certain property owned by the plaintiff. In 2004, the city council adopted a new p...