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Eadie v. Town Bd. of N. Greenbush

A court upholds the dismissal of residents' state- and local-law claims challenging the rezoning of a large area of land for retail development. The rezoning does not require a three-fourths majority vote of the town board because the residents' protest petition that sought to require a supermajorit...

San Diego, County of v. Grossmont-Cuyamaca Community College Dist.

A court reverses a lower court decision denying a petition challenging a community college district's approval of a large construction and remodeling project. The district prejudicially abused its discretion by certifying a final environmental impact report (EIR), adopting a statement of overriding ...

Employers Ins. Co. of Wausau v. Travelers Indem. Co.

A court upholds a declaratory judgment requiring the defendant insurance company to contribute to a second insurance company's cost of defending a manufacturing plant that both companies insured. The defendant previously entered into a settlement agreement with the plant that released it from any ob...

Save Our Carmel River v. Monterey Peninsula Water Management Dist.

A court orders a city and a water district to reverse their approval of a water credit transfer. The water credit transfer in this case is a "project" within the meaning of the California Environmental Quality Act (CEQA). The city and district therefore argue that it was exempt from CEQA under the c...

Pajaro Valley Water Management Agency v. Amrhen

An appellate court upholds a local water agency ordinance that increases the groundwater augmentation fee to be charged to operators of wells within its jurisdiction. None of the agency board members voting for the augmentation charge had a disqualifying financial interest in approving the ordinance...

Ortega Rock Quarry v. Golden Eagle Ins. Corp.

An appellate court holds that an insurer has no duty to defend or indemnify a company in underlying actions concerning its unauthorized discharge of fill material into a creek. The discharges occurred after the company placed fill dirt along a road so that it could access a quarry. As a result of th...

Keystone Consol. Indus., Inc. v. Employers Ins. Co. of Wausau

The court reverses and remands a grant of summary judgment in a manufacturer's suit for indemnification arising out of environmental cleanup costs at four sites in Illinois and Indiana. Under Illinois law, the duty to indemnify may arise even in the absence of a lawsuit triggering the duty to defend...

Preservation Action Council v. San Jose, City of

An appellate court orders a city to rescind its decision certifying an environmental impact report (EIR) for a redevelopment project that would convert an unused historic building into a retail hardware and garden supply center. Under the California Environmental Quality Act's EIR guidelines, the ci...

Noe v. Henderson

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state ...

Nevada v. Department of Energy

The court denies Nevada's petition for review of the U.S. Department of Energy's (DOE's) final environmental impact statement (EIS) for a nuclear waste underground repository and a portion of its record of decision governing the transportation of nuclear waste from production sources to Yucca Mounta...