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Banning Ranch Conservancy v. Newport Beach, City of
A California appellate court affirmed a lower court decision denying a conservation group's petition seeking to vacate a city's certification of an environmental impact report (EIR) for the development of a park. The group argued that the EIR wrongly defined the project to exclude pending residentia...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court dismissed claims against the manufacturer of the chemical dispersant used in response to the Deepwater Horizon oil spill in the Gulf of Mexico. Cleanup responders and coastal residents filed suit against the manufacturer, claiming they suffered a variety of exposure-related injuries...
Hillside Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers
The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands. Environmental groups argued the Corps inadequately considered alternatives to the selected site unde...
Surfrider Foundation v. California Regional Water Quality Control Board
A California appellate court upheld a regional water board's approval of a NPDES permit to build a desalination facility on the coast of Carlsbad, California. An environmental group argued that the board improperly required the facility to restore wetlands in lieu of implementing site, design and te...
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...
Decision on the Approval for Submittal of a 401 Water Quality Certification to the U.S. Environmental Protection Agency for the Draft 2013 Vessel General Permit and the Draft 2013 Small Vessel General Permit
A Minnesota appellate court held that the state environmental agency did not err in certifying under CWA §401 EPA's proposed NPDES vessel general permit, which allows shipping vessels in Lake Superior to discharge ballast water in state waters. Nonprofit groups argued that the agency applied an inc...