A California appellate court held that a county board's certification of an environmental impact report (EIR) and approval of a conditional use permit (CUP) regarding a proposed expansion of a mining operation violated the California Environmental Quality Act. The EIR was inadequate in several respe...

A California appellate court held that a city violated the California Environmental Quality Act (CEQA) in approving new commercial development on vacant land. One of the CEQA's two major purposes is to require public agencies to adopt feasible mitigation measures to lessen the environmental impacts ...

A California appellate court upheld the invalidation of a municipal services agreement between a Native American tribe and a city concerning the tribe's plan to build a gaming facility on land it has the option to purchase. The tribe applied to the U.S. Secretary of the Interior to take the land in ...

The Eleventh Circuit held that a district court should have remanded to state court individuals' strict liability claims against a development company for groundwater and surface water contamination. The individuals initially filed their claims in Florida court, but the defendants removed the case t...

The Virginia Supreme Court held that an environmental group has standing to appeal the State Water Control Board's approval of a wastewater discharge permit affecting the James River. The State Water Control Law authorizes representational standing to a corporate person seeking judicial review of a ...

A California appellate court reversed a lower court decision denying environmental groups' petition challenging a state agency's decision to allow timberland to be converted to a vineyard under the California Environmental Quality Act (CEQA). The agency issued a timber conversion permit to the owner...

A California appellate court upheld the dismissal of a petition challenging a city's decision to adopt a resolution renewing a Central Valley Project water contract with the Bureau of Reclamation. The contract, originally made in 1961, requires the United States to deliver 60,000 acre-feet of Class ...

A district court held that the DOE's March 2003 decision regarding the remediation of Area IV of the Santa Susana Field Laboratory in Simi Valley, California, violated NPA. DOE's decision to issue a FONSI rather than prepare an EIS was a clear error of judgment. The remediation is not categorically ...

A California appellate court held that a lower court erred in transferring environmental groups' California Environmental Quality Act claim to another venue. The groups filed suit challenging the certification of an environmental impact report for, and the decision approving the construction of, a t...

The D.C. Circuit set aside an FAA letter that changed the runway use procedures at Fort Lauderdale-Hollywood International Airport. Petitioners argued that the new procedures will route more jet aircraft onto two previously restricted runways, thereby increasing noise, soot, and exhaust fumes over r...