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California

Green Ridge, City of v. Kreisel

The court holds that a trial court incorrectly concluded that a city ordinance regulating junkyards was a zoning ordinance subject to notice-and-hearing requirements. A junkyard owner who had been cited for several violations of the...

Firebaugh Canal Co. v. United States

The court affirms a district court decision requiring the U.S. Department of the Interior (DOI) to provide water drainage services for agricultural areas receiving water through the Central Valley Project in California. The court first...

Animas Valley Sand & Gravel, Inc. v. Board of County Comm'rs of the County of La Plata, Colo.

The court holds that a mine company cannot argue that a partial taking occurred when a county adopted a land use plan that designated a tract of the company's land as a river corridor where no mining could occur. The court first holds...

Woodward Park Homeowners Ass'n v. Garreks, Inc.

The court holds that the city of Fresno, California, must prepare an environmental impact report (EIR) pursuant to the California Environmental Quality Act (CEQA) for a corporation's already complete construction of a car wash in a...

Buse Timber & Sales, Inc. v. United States

The court holds that a timber company cannot bring a takings claim against the United States for canceling a timber sales contract in the Mount Baker-Snoqualmie National Forest in Washington State, but that the company can bring a...

Amador, County of v. El Dorado County Water Agency

The court holds that a county water agency that certified that its environmental impact report (EIR) for a proposed water project calling for increased water use from mountain lakes complied with the California Environmental Quality Act...

How to Reduce Lead Exposures With One Simple Statute: The Experience of Proposition 65

Editors' Summary: Human exposure to lead is one of the most serious environmental health threats today. Lead causes a variety of adverse health effects and is particularly harmful to children. Unfortunately, the current regulation...

Lakeside Non-Ferrous Metals, Inc. v. Hanover Ins. Co.

Applying California law, the court holds that trespass and nuisance claims for land and groundwater contamination fall within the pollution exclusion clause of a company's insurance policy. After the company was sued by a city for...

The California Supreme Court's Decision in Foster-Gardner and Its Impact on Insurance for Environmental Defense and Remediation Expenses

Editors' Summary: In environmental insurance litigation, coverage is often determined by the court's interpretation of key policy terms. This was just the case in Foster-Gardner, Inc. v. National Union Fire Insurance Co. of...

Fireman's Fund Ins. Co. v. Lodi, Cal., City of

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt a California city's comprehensive municipal environmental response and liability ordinance. An insurer challenged...