A court affirms, modifies, and reverses a lower court's judgments in seven coordinated cases involving the California State Water Resource Control Board's (Board's) implementation of a water quality plan in a water rights proceeding, a related environmental impact report, a joint points of diversion...
The court upholds a lower court decision denying a nonprofit group's petition for writ of mandate and claim for declaratory relief in a case challenging a state pesticide department's decision to renew a number of pesticide registrations for 2002. The department’s procedure of renewing pestici...
A court holds that under former California Food and Agricultural Code §12811.5, the state pesticides department may not actively or passively consider data submitted by an original registrant when considering a subsequent application for registration by another applicant who does not have the o...
A court reverses the dismissal of property owners' complaint challenging a city's creation of a fire suppression assessment district. The lower court determined that the owners failed to exhaust their administrative remedies as provided in a local ordinance. The ordinance, however, lacks any procedu...
A court dismisses property owners' claims that the District of Columbia, through the use of eminent domain, instituted an unconstitutional taking of their property. An ongoing condemnation proceeding before the Washington, D.C., Superior Court provides an adequate opportunity for one of the property...
A court affirms a civil penalty assessed against a land developer for violating the North Carolina Sedimentation Pollution Control Act. The lower court properly rejected the developer's claim that its activities fell under the Act's forestry exemption. The exemption applies to activities specificall...
A court upholds the dismissal of individuals' nuisance and constructive eviction claims against their landlords for allegedly exposing them to mold mycotoxins in their homes. The trial court did not err in granting the landlords' motions in limine to exclude certain testimony, sampling data, and tes...
The court upholds the dismissal of Wyoming's constitutional, Adminstrative Procedure Act (APA), Endangered Species Act, and National Environmental Policy Act claims against the U.S. Department of the Interior for failing to initiate delisting of the gray wolf as an endangered species and for its all...
A court upholds a city zoning ordinance prohibiting the development of a "big box" retail store within its jurisdiction. The city made a legitimate policy choice when it decided to organize development using neighborhood shopping centers dispersed throughout the city, the ordinance was reasonably re...
The court upholds a California state mining board regulation that requires the Director of the Department of Conservation to concur in any lead agency determination that a mine operator has fulfilled the terms of his reclamation plan and that the financial assurance instruments securing his obligati...