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California Building Ass'n v. Bay Area Air Quality Management District

The California Supreme Court held that agencies subject to the California Environmental Quality Act (CEQA) generally are not required to analyze the impact of existing environmental conditions on a project's future users or residents. But when a proposed project risks exacerbating those environmenta...

North Coast Rivers Alliance v. Kawamura

A California appellate court, in an unpublished opinion, held that the California Department of Food and Agriculture's environmental impact report (EIR) for a seven-year program to control the light brown apple moth, an invasive pest, violated the California Environmental Quality Act (CEQA). The age...

Virginia Uranium v. McAuliffe

A district court dismissed a uranium company's lawsuit that the Atomic Energy Act (AEA) preempts a Virginia law that prohibits any state agency from accepting applications for a permit to mine uranium. The company filed suit against the governor, two cabinet members, and various officials affiliated...

Coal River Mountain Watch v. United States Department of the Interior

A district court denied DOI's motion to dismiss an environmental group's lawsuit challenging OSM's determination that a surface mining permit could not be automatically terminated without first providing notice to the permit holder. SMCRA provides that certain mining permits will be terminated if th...

Center for Biological Diversity v. California Department of Fish & Wildlife

The Supreme Court of California held that the state fish and wildlife agency violated the California Environmental Quality Act (CEQA) and the California Fish and Game Code when it approved a large development project in northwest Los Angeles County. The agency prepared an environmental impact report...

Desert Protective Council v. U.S. Department of the Interior

The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale wind project in California's Sonoran Desert. BLM sufficiently evaluated and disclosed the environmental impacts of the wind energy facility project under NEPA. Envi...

San Diego Cattlemen's Cooperative Ass'n v. Vilsack

A district court dismissed several claims a group of cattle ranchers filed against USDA and DOI concerning actions taken to protect the New Mexico meadow jumping mouse, an endangered species. Following the listing of the species in 2014, the U.S. Forest Service proposed to erect a five-foot pipe fen...

Graham v. Consolidated Coal Co.

A district court dismissed property owners' lawsuit against a mining company for unlawfully diverting excess wastewater into underground mine voids located beneath their land. Although the owners filed suit after the statute-of-limitations period expired, the owners argued that CERCLA's discovery ru...

Quinault Indian Nation v. Imperium Terminal Services, LLC

A Washington appellate court upheld an administrative board decision invalidating the Department of Ecology's and a city's threshold determinations for two crude oil terminal development projects under the State Environmental Policy Act (SEPA), but denied environmental groups' claim that additional ...

Sierra Club v. United States Forest Service

A district court held that the U.S. Forest Service did not violate NEPA or the APA when it reissued a 30-year special use permit allowing an energy company to continue operating a portion of a 1,100-mile pipeline through the Huron-Manistee National Forest. Built in 1953, the pipeline transports crud...