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People v. Patterson

The court held that the Treaty of Canandaigua of 1794 does not vest members of the Tuscarora Indian Nation with off-reservation fishing rights on former Seneca lands. The case arose after a member of the Tuscarora Indian Nation was charged with violating a fishing regulation. He argued that the regu...

Mejia v. Los Angeles, City of

The court held that a city's approval of a residential development project and its adoption of a mitigated negative declaration under the California Environmental Quality Act was improper. The project may have significant, unmitigated environmental impacts on animal wildlife and traffic. An environm...

Judicial Watch v. Department of Energy

The court held that federal agencies may withhold from disclosure documents bearing upon the deliberative processes of the National Energy Policy Development Group (NEPDG) pursuant to the Freedom of Information Act (FOIA) Exemption 5. Although the NEPDG is not itself an "agency" subject to FOIA, FOI...

Protect Our Water v. Merced, County of

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups sought, and eventually obtained, a writ of mandamus setting aside the permit. Pursuant to California Code of Civ...

Marine Forests Soc'y v. California Coastal Comm'n

The court held that California Coastal Act provisions governing the appointment and tenure of members of the California Coastal Commission do not violate the separation-of-powers clause of the California Constitution. The California Constitution, unlike the U.S. Constitution, does not categorically ...

Kelo v. New London, City of

The U.S. Supreme Court held that a city's proposed disposition of property owners' property, in a plan designed to revitalize the city's ailing economy, qualifies as a "public use" within the meaning of the Takings Clause of the Fifth Amendment to the U.S. Constitution. There is no allegation that a...

New York v. EPA

The court remanded portions of a 2002 U.S. Environmental Protection Agency (EPA) rule interpreting when a major stationary source undertakes a "modification," thereby triggering the Clean Air Act's new source review (NSR) requirements. EPA erred in promulgating the clean unit applicability test, whi...

Berg v. Popham

The court held that a dry cleaner sufficiently alleged a claim for arranger liability under Alaska Statute §46.03.822(a)(4) against a company that sold and installed dry cleaning equipment to the cleaner. Because the case presented an issue of first impression, it was certified to the Alaska Su...

Jaasma v. Shell Oil Co.

The court reversed a district court's summary judgment order dismissing a property owner's claims that an oil company breached its obligations under a lease agreement to operate a gasoline station and that the owner had suffered cognizable damages as a result of that breach. A week before the end of...

Anderson First Coalition v. Anderson, City of

The court affirmed in part and reversed in part a trial court decision denying individuals' petition for writ of mandate challenging the approval of a shopping center project. The trial court did not violate the California Environmental Quality Act (CEQA) by severing a gas station from the project, ...