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Cascadia Wildlands v. Kitzhaber

A district court granted an environmental group's motion to preliminarily enjoin the logging of 11 timber sales and to halt any further logging activities in known occupied marbled murrelet sites in Oregon's Tillamook, Clatsop, and Elliot state forests. Defendants argued that the case was moot becau...

H&M Petro Mart, Inc. v. Zurich American Insurance Co.

A district court held that an insurance company need not indemnify its insured for certain repair and replacement costs it incurred cleaning up the release of contaminants from an underground gasoline storage tank. A clear reading of the plain language of the policy indicates the company was not req...

Habitat & Watershed Caretakers v. City of Santa Cruz

A California appellate court reversed a lower court decision denying a petition challenging a city's certification of a final environmental impact report (EIR) for a project to amend the city's "sphere of influence" to include an undeveloped portion of a university campus in order to allow the city ...

Stockton Citizens for Sensible Planning v. Stockton, City of

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws. Their suit, however, is time barred under Cal. Gov. Code §65009(c...

United States v. CITGO Petroleum Corp.

A district court denied the U.S. government's motion to empanel a sentencing jury to determine an oil company's gross pecuniary gain stemming from CAA and Migratory Bird Treaty Act violations. After the company was convicted under both statutes, the government recommended that the court impose a fin...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its multi-...

Desert Citizens Against Pollution v. Environmental Protection Agency

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven bioaccumulative hazardous air pollutants (HAPs), including mercury, ...