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Cherry Valley Pass Acres & Neighbors v. City of Beaumont
A California appellate court affirmed a lower court decision denying a petition challenging a city's approval of a project to build 560 residential units on a 200-acre site long used for agricultural purposes. A citizens group filed a petition, claiming that the environmental impact report (...
Miccosukee Tribe of Indians of Florida v. South Florida Water Management District
The Supreme Court of Florida affirmed in part and reversed in part a lower court decision validating $650 million in "certificates of participation" to finance a water district's purchase of 73,000 acres of land owned by a sugar company for Everglades restoration purposes. Certificates of pa...
Michigan v. United States Army Corps of Engineers
A district court denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to take all available measures to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan. In the face of multia...
Wild Fish Conservancy v. Salazar
The Ninth Circuit held that FWS' biological opinion addressing a hatchery project's impact on the bull trout in the Columbia River violates the ESA. Although the hatchery project is intended to mitigate a dam's impacts on Chinook salmon, it has seriously disrupted the migration and spawning activity...
Center for Biological Diversity v. United States Department of Agriculture
The Ninth Circuit reversed a lower court's grant of summary judgment in favor of an environmental group requiring the USDA, under FOIA, to disclose the GPS coordinates of wolf depredations to which it had responded. The district court held that the coordinates were not exempt from disclosure...
Severance v. Patterson
The Supreme Court of Texas, on certification from the U.S. Court of Appeals for the Fifth Circuit, held that Texas does not recognize a "rolling" public beachfront access easement on Galveston's West Beach. Land patents from the Republic of Texas in 1840, affirmed by legislation in the new s...
Polar Bear Endangered Species Act Listing
A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing that the polar bear should have been listed as endangered, and others arguing that the bear does not qu...
Humane Society of the United States v. Locke
The Ninth Circuit held that the National Marine Fisheries Service (NMFS) violated the Marine Mammal Protection Act (MMPA), but not NEPA, when it authorized Idaho, Oregon, and Washington to kill up to 85 California sea lions annually at the Bonneville Dam in order to protect salmon in the Columbia Ri...