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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...

Barnes v. Wright

The court reverses a lower court's denial of qualified immunity to conservation officers in an individual's 42 U.S.C. §1983 case against them for malicious prosecution and unlawful retaliation. Because a jury found the individual guilty for wanton endangerment, he cannot show the absence of pro...

Turner v. Commissioner of Internal Revenue

The court rejects a real estate investor's claim for a charitable tax deduction stemming from a conservation easement he created on land sold to a developer. The investor claims that the easement permanently reduced the number of homes that could be built on the land from 62 to 30. But half of the l...

Cactus Corner, Ltd. Liab. Co. v. Department of Agric.

The court upholds a U.S. Department of Agriculture (USDA) rule conditionally allowing the importation of Spanish clementines into the United States. Domestic fruit growers, concerned about the infestation of Mediterranean fruit flies, challenge the rule. They argued that the USDA must identify the l...

Marshall, City of v. Uncertain, City of

The court holds that while §11.122(b) of the Texas Water Code significantly restricts the issues that may be reviewed in a contested-case proceeding, it does not altogether preclude one when a proposed water rights amendment requests a change in use but does not seek to increase the amount of w...

Consolidated Edison Co. of New York v. Bodman

The court upholds the dismissal of a complaint against the U.S. Department of Energy (DOE) involving a 1986 settlement agreement that allocated refunds of crude oil overcharges. Under the agreement, the refunded overcharges would be apportioned between the parties to the settlement agreement, which ...

Tamko Roofing Prods., Inc. v. Smith Eng'g Co.

The court upholds a lower court decision refusing to hold a manufacturer of pollution control devices liable for the actions of one of its subsidiaries. A company who purchased pollution control devices from the subsidiary filed suit after the devices didn't perform as promised. It also filed suit a...

In re Special Grand Jury 89-2

The court reverses and remands a lower court decision denying petitions brought by members of a federal grand jury empanelled to investigate possible environmental crimes at the Rocky Flats Nuclear Weapons Plant in Colorado. The petitions seek the release of certain documents and the lifting of thei...

Seagull Energy E&P, Inc. v. Eland Energy, Inc.

The court holds that the sale of an oil and gas working interest, which is subject to an operating agreement, does not release the seller from any further obligations to the operator. Despite selling its working interest, the seller remains liable under the operating agreement unless released by the...

Gilroy Citizens for Responsible Planning v. Gilroy, City of

A court upholds a city's approval of a construction project for a big box retail store. A citizens group argues that the city violated the California Environmental Quality Act (CEQA) by failing to comply with procedural requirements and by failing to include a study of certain adverse impacts and mi...