A district court upheld a county ordinance prohibiting retail stores from providing plastic carryout bags and requiring them to charge customers 10 cents for each paper carryout bag provided. The paper carryout bag charge is not a tax under the California Constitution because the charge is payable a...

A district court upheld BLM's approval of a record of decision (ROD) and its grant of a right of way (ROW) allowing the construction of a utility-scale wind project in California's Sonoran Desert. Conservation groups challenged BLM's actions under NEPA and FLPMA. But BLM's decision to grant the ROW ...

A district court upheld BLM's approval of a record of decision (ROD) allowing the construction of 112 wind turbines in an area that contains cultural and biological significance to a Native American tribe. BLM's decision to approve the ROD was reasonable as it considered all relevant factors and pro...

A California appellate court upheld the California Department of Water Resources' (DWR's) method for crediting State Water Project (SWP) water recipients with revenues from hydropower generated at the Oroville Dam. DWR purchases the hydropower for use within the SWP, but some of it is pooled with ot...

A Michigan appellate court held that Michigan's Natural Resources and Environmental Protection Act does not preempt a local ordinance requiring all septic tank waste collected from within a township to be taken to a specific treatment facility. Although the state legislature enacted a comprehensive ...

A California appellate court upheld a lower court decision preliminarily enjoining a county from enforcing a voter-approved ballot measure banning the use of agricultural fertilizer made from recycled municipal sewage sludge in unincorporated areas of the county. The application of this fertilizer, ...