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Melom v. Madera, City of

A California appellate court affirmed a lower court decision that denied plaintiff’s petition for a writ of mandate directing a city to set aside its approval of a revised site plan for a commercial retail shopping center project. The petition claimed that the city violated the California Envi...

West Bend Mut. Ins. Co. v. U.S. Fidelity & Guar. Co.

The Seventh Circuit affirmed a lower court’s grant of summary judgment in favor of insurers in a breach of contract action related to the insurers’ refusal to defend a gas station in a class action filed against it for allegedly contaminating groundwater in a residential neighborhood. Ap...

Gualala Festivals Comm. v. California Coastal Comm'n

A California appellate court affirmed a lower court decision that denied a writ of mandate seeking to set aside a cease-and-desist order entered by the California Coastal Commission (Commission) that prohibited a festival committee from discharging fireworks over the Gualala River estuary without fi...

PPL Mont., LLC v. Montana

The Supreme Court of Montana affirmed a lower court’s award of almost $41 million in damages to the state of Montana from a wholesale electric generator for its use of state-owned riverbeds at its hydroelectric generation facilities.  The court held that title to the riverbeds passed to M...

National Meat Ass'n v. Brown

The Ninth Circuit vacated a lower court decision that granted a preliminary injunction prohibiting the enforcement of California Penal Code §599f, which bans the slaughter and inhumane handling of nonambulatory animals, against federally regulated swine slaughterhouses. Plaintiff, a trade assoc...

Karuk Tribe of N. Cal. v. California Regional Water Quality Control Bd.

A California appellate court affirmed a lower court decision that held that the California Regional Water Quality Control Board (Board) had no authority to enforce state law governing waste discharge to several hydroelectric dams operating under a federal license. The United States Supreme Court, fo...

California Am. Water v. Seaside, City of

A California appellate court affirmed a lower court order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin, by restricting a water management district’s authority to require environmental revie...

Watsonville Pilots Ass'n v. Watsonville, City of

A California appellate court affirmed a lower court’s issuance of a writ of mandate directing the city of Watsonville to, among other things, set aside its certification of a final environmental impact report (EIR) and its approval of a plan to develop a residential area in an area located adj...

United States v. Massachusetts

In a case arising from a catastrophic oil spill in Buzzards Bay, a district court granted summary judgment in favor of the United States to find that aspects of the Massachusetts Oil Spill Prevention Act (MOSPA) were preempted by the federal Ports and Waterways Safety Act of 1972 (PWSA). The U.S. Co...

Communities for a Better Env't v. Richmond, City of

The D.C. Circuit denied a petition to review FERC's approval of a construction project that would allow a natural gas importer to import greater quantities of liquefied natural gas and distribute it in gaseous form. The petitioner, a utility, argued that higher volumes of regasified liquefied natura...