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Alameda County Flood Control v. Department of Water Resources
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...
Gmoser's Septic Service, LLC v. Charter Township of East Bay
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 ...
Los Angeles, City of v. Kern, County of
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, ...
Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission
The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a state to the government of that state. But here, the agency failed t...
Southern Crushed Concrete, LLC v. City of Houston
The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location. The TCAA provides that a municipal ordinance may not prohibit any acts approved or authorized by the Texas Commission on En...
Save Cuyama Valley v. County of Santa Barbara
A California appellate court upheld a county's approval of a sand and gravel mining pit along a riverbed. An environmental group seeking to overturn the approval argued that the environmental impact report (EIR) that formed the basis of the county's decision violated the California Environmental Qua...
AVX Corp. v. United States
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing an electronic manufacturer's CERCLA claim against the United States for costs it incurred cleaning up tricholoroethylene (TCE) contamination on a parcel of property in Myrtle Beach, South Carolina. The manufact...