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American Trucking Ass'n v. Los Angeles, City of

The Ninth Circuit reversed and remanded a lower court decision denying the trucking industry's motion to preliminarily enjoin two California ports from implementing "concession agreements" designed, among other things, to reduce diesel emissions from trucks servicing container facilities at the port...

Save Strawberry Canyon v. Energy Dep't

A district court preliminarily enjoined the construction of a $113 million computer center in Berkeley, California. A citizens group raised serious questions going to the merits of its claim that the project is a "major federal action" under the National Environmental Policy Act (NEPA). Moreover, ir...

Scott v. E.I. du Pont de Nemours & Co.

A district court presiding over a group of residents' class action lawsuit against a manufacturer for allegedly contaminating water supplies dismissed an individual's New Jersey Environmental Rights Act (ERA) claim against the company for failure to provide notice. A plaintiff seeking to bring a cla...

Appalachian Voices v. State Corp. Comm'n

The Virginia Supreme Court upheld the constitutionality of Virginia Code §56-585.1(A)(6), a provision of the state's utility law that requires coal-fired power plants to use Virginia coal. Environmental groups, challenging the state's approval of the construction of a coal-fired power plant, ar...

Federal Maritime Comm'n v. Los Angeles, City of

A district court denied the Federal Maritime Commission's (FMC's) motion to preliminarily enjoin portions of the Port of Los Angeles' and the Port of Long Beach's clean truck programs, which are aimed at reducing the air pollution caused by the trucks used to transport cargo to and from the ports. T...

Strother v. California Coastal Comm'n

A California appellate court reversed a lower court decision dismissing residents' motion challenging the California Coastal Commission's approval of coastal development permits for two unimproved residential lots. The case involves apparently inconsistent sections of the California Environmental Qu...

Farr v. California Coastal Comm'n

A California appellate court upheld a California coastal development permit allowing homeowners to build a second story to their home in Redondo Beach. A petitioner sought to have the permit vacated, arguing that the addition would block the public's view of the ocean in violation of the state Coast...

Kalden Constr. Co. v. Hansen Aggregates New York, Inc.

A district court remanded a portion of FWS' 2008 biological opinion that approved the Bureau of Reclamation's selected operating system for a dam along the Colorado River. The 2008 opinion replaces the FWS' 1994 opinion in which it that found that the selected operating system—modified low flu...

Communities for a Better Env't v. Richmond, City of

A California trial court held that a city's environmental impact report for a major expansion of an oil refinery in Richmond, California, violated the California Environmental Quality Act's new greenhouse gas requirements. Although the city identified a standard of no net increases in greenhouse gas...

Colony Nat'l Ins. Co. v. Specialty Trailer Leasing, Inc.

A district court held that the pollution exclusion clause contained in a transport company's insurance policy does not cover bodily injuries stemming from the release of a naturally occurring gas. The case arose after dock workers were fatally asphyxiated due to argon leaking from one of the company...