A district court held that a city complied with the California Environmental Quality Act in approving a master plan for a project on city-owned greenbelt property. The project will have a significant effect on the habitat of the Santa Cruz tarplant due to the chosen alignment of a multi-use trail. T...
A district court held that the Animal and Plant Health Inspection Service (APHIS) violated NEPA in its decision to deregulate a variety of genetically engineered sugar beets. Sugar beets are pollinated by both wind and insects, and scientists have documented that sugar beet pollen can disperse up to...
A district court held that two local ordinances declaring it unlawful for any corporation to engage in mining activities within the township are invalid and void. Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act expressly states that the commonwealth maintains primary jurisdiction...
A California appellate court affirmed a lower court decision upholding two rules adopted by a local air pollution control district designed to encourage developers to reduce indirect pollution, such as mobile source emissions, caused by new development projects. Under the rules, commonly referred to...
A district court held that the U.S. Forest Service's EIS addressing the land management plans for four national forests in southern California was issued in violation of NEPA and the National Forest Management Act (NFMA). The court rejected many of the plaintiffs' challenges. Nevertheless, the Fores...
The Colorado Supreme Court held that a county has standing to challenge the state environmental agency's issuance of a radioactive materials license and a hazardous waste permit to a private company. Under Colorado's Low-Level Radioactive Waste Act and Hazardous Waste Siting Act, the state agency ma...
New York's highest court overturned a lower court decision annulling a city's State Environmental Quality Review Act (SEQRA) determination regarding a proposed municipal project. An environmental group argued that the EIS was deficient for failing to evaluate possible threats to protected species. T...
The First Circuit affirmed a lower court decision dismissing a case challenging the constitutionality of regulations promulgated by the Rhode Island Department of Environmental Management imposing restrictions on lobster fishing in state waters. A fishermen's association initially brought the case i...
A California appellate court held that a consultant hired by a county to prepare an environmental impact report (EIR) for development project is not liable to the developer for failing to prepare the EIR in a timely fashion. When the EIR was not submitted on time, the county terminated its contract ...
A California appellate court reversed a lower court decision that a local air district's adoption of a rule to reduce airborne dust is exempt from environmental review under the California Environmental Quality Act (CEQA). The rule concerns the use of road paving to offset increases in airborne dust...