A court reverses the state transportation agency's approval of an environmental impact report (EIR) for a proposed freeway interchange project in connection with a proposed hotel and casino complex on Native American lands and remanded the EIR for additional analysis. By analyzing the project's traf...
The court affirms a district court's grant of summary judgment to the Tennessee Valley Authority (TVA) on environmental groups' request for civil penalties and on its claim as to violations of the Clean Air Act's (CAA's) 20% opacity limitation occurring before May 20, 1999, but it reversed summary j...
A court holds that California Penal Code 653o, which bans the import of products made from certain animals, including kangaroos, into California is preempted by federal law and by general federal objectives of kangaroo conservation. The statute as applied in this case conflicts with federal law and ...
A court upholds, with modification, a trial court decision in favor of an insurance company in a case involving an aerospace manufacturer's claim for coverage under numerous insurance policies for pollution-related liability totaling hundreds of millions of dollars. It was error for the trial court ...
A court holds that a city need not prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) for a hotel project in San Diego, California. The potential environmental impacts of the project were adequately examined in two earlier EIRs for a city redevelopment...
The court dismisses in part and denies in part a petition for judicial review of the Federal Energy Regulatory Commission's decision to allow an owner and operator of a hydroelectric project on the Sebasticook River in Maine to surrender its license and breach a dam. Nearby landowners complained tha...
A court reverses a lower court's grant of peremptory writ ordering the California Department of Forestry and Fire Protection and the California Department of Fish and Game to set aside their administrative determinations regarding the logging and use of certain land in the Headwaters Forest. The low...
The court affirms the dismissal of an individual's complaint challenging the constitutionality of a Rhode Island Department of Environmental Management regulation restricting the number of lobsters that may be harvested by methods other than lobster traps. The individual's equal protection claim was...
A court affirms a trial court judgment condemning three residential rental properties for redevelopment purposes in a quick take eminent domain proceeding. In quick take eminent domain proceedings, the date of valuation of the property, for purposes of trial on the issue of the property owner's just...
A court reverses a lower court decision enjoining a city's peafowl management program that allowed a minimum peafowl population on certain city-owned parkland and canyon property. Residents opposing the program argued that the program violated restrictions in deeds by which the municipality obtained...