A California appellate court affirmed a lower court decision setting aside the adoption of a mitigated negative declaration for the construction of an apartment complex because the county and developers failed to meet the requirements of the California Environmental Quality Act (CEQA). An advocacy g...

A California appellate court dismissed a resident group's California Environmental Quality Act challenge against a state agency for not properly preparing and certifying an environmental impact report (EIR) for a project involving the demolition of a mobile home park. The group failed to prove that ...

The Fourth Circuit held that under Maryland law, insurers of a bankrupt insulation company are liable only for a pro rata portion of the bodily injury that occurred during the time the company's policy was in place and that any injuries that occurred after the company completed its asbestos installa...

The Supreme Court of Florida held that a state statute that allows suits for damages resulting from pollution creates a new strict liability cause of action and does not merely modify existing common-law causes of action that require proof of causation. The statute, §376.313(3) Florida Statutes (20...

A California appellate court held that a county correctly decided that a reclamation plan for a mining operation would not have a significant effect on the environment and properly approved the plan based on a negative declaration. The county provided a legally adequate description of the project, a...

A California appellate court reversed a lower court decision denying an environmental group's petition to challenge the urban water management plan for the Santa Clarita Valley. The plan provides that during dry periods, the water districts will take more water from groundwater deep below an aquifer...

The Louisiana Supreme Court threw out a $1.3 billion takings judgment awarded to oyster fishermen holding oyster leases in the Breton Sound area who allegedly suffered a compensable taking under the Louisiana Constitution as a result of the state's operation of a coastal restoration project that alt...

A California appellate court held that a discretionary decision by the state water resources control board as to whether to review a regional water resources control board's decision imposing administrative penalties is not subject to judicial review. The case arose after landowners were assessed a ...

A California appellate court reversed a lower court's dismissal of residents' petition for writ of mandamus challenging a county's approval of a residential development project under the California Environmental Quality Act (CEQA). A "request for a hearing" under CEQA §21167.4 need not include ...

A California appellate court upheld the dismissal of an environmental group's suit challenging the state forest department's approval of six timber harvest plans. The department proceeded in the manner required by law in determining the geographic assessment area, and substantial evidence supports t...