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Feduniak v. California Coastal Comm'n

A California appellate court held that the doctrine of equitable estoppel does not bar the California Coastal Commission from ordering homeowners to remove a private three-hole golf course from around their house and to restore the area to its native sand dune vegetation. The property was burdened b...

Citizens for a Megaplex-Free Alameda v. Alameda, City of

A California court upheld the dismissal of a petition under the California Environmental Quality Act (CEQA) challenging a city's approval of a redevelopment project involving both the rehabilitation of a historic theater and the construction of an adjacent multi-screen cineplex and parking structure...

Nilsson v. Department of Envtl. Protection of N.Y.

New York's highest court ordered the modification of a lower court decision reversing a local agency's denial of a landowner's request for a variance to build an underground sewage treatment system within the New York City watershed. The agency denied the variance application because the landowner f...

San Joaquin Raptor Rescue Ctr. v. Merced, County of

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...

Woodward Park Homeowners Ass'n v. Fresno, City of

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 ...

Amador, County of v. Plymouth, City of

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 ...

Florence v. Crescent Resources, Ltd. Liab. Co.

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...

Phillip Morris USA, Inc. v. Chesapeake Bay Found.

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 ...

Sierra Club v. California Dep't of Forestry & Fire Protection

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...

Fiorentino v. Fresno, City of

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 ...