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Wyoming v. Livingston

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in th...

Ebbetts Pass Forest Watch v. California Dep't of Forestry & Fire Protection

A court holds that an environmental group may proceed with its petition for writ of mandate in which it seeks to overturn the state forestry department's approval of three timber harvesting plans. The forestry department failed to follow the state's forest practice rules for reviewing the plans' cho...

Morning Star Co. v. State Bd. of Equalization

The court reverses a lower court summary judgment decision upholding the state department of toxic substance control's determination that virtually all corporations with 50 or more employees in the state must pay a hazardous materials charge. This determination amounts to a regulation under the stat...

Neumann v. Carlson Envtl., Inc.

A court grants in part and denies in part motions to dismiss land purchasers' Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA), negligence, fraud, and state-law claims against an environmental consulting firm and the prior owners. The prior owners sold the land without...

Allegretti & Co. v. Imperial, County of

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit limited the landowner from extracting no more than 12,000 acre/feet per year of water from the aquifer underlyi...

Benson v. California Coastal Comm'n

The court holds that a developer was not denied due process in connection with a local land use commission's hearing on his application for a coastal development permit. The developer claimed that telephone conversations with staff led him to believe that he did not need to appear at the hearing. Bu...

Miami-Dade County, Fla. v. United States

The court upholds a lower court decision that the United States has no obligation to reimburse a Florida county for the costs it incurred treating soil and groundwater contamination at the Miami International Air Depot. From 1943 to 1966, the U.S. government maintained and repaired U.S. Air Force ai...

Central Delta Water Agency v. Bureau of Reclamation

The court upholds the dismissal of local water agencies' claims that the Bureau of Reclamation (Bureau) was operating the Central Valley Project (CVP) in a manner that would at some point in the future violate the Vernalis salinity standard, a state standard with which the Bureau must comply in its ...

CDM Investors v. Travelers Cas. & Sur. Co.

The court affirms a lower court decision that under California law, an insurance company need not provide coverage for the costs property owners incurred responding to suspected soil and groundwater pollution. A state agency ordered the property owners to test their property after they were suspecte...

North Gualala Water Co. v. State Water Resources Control Bd.

The court holds that the state water control board did not err in ordering a water company to obtain a permit to pump groundwater from two wells near the North Fork Gualala River. The board has permitting jurisdiction over "subterranean streams flowing through known and definite channels." The board...