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Berg v. Popham

The court held that a dry cleaner sufficiently alleged a claim for arranger liability under Alaska Statute §46.03.822(a)(4) against a company that sold and installed dry cleaning equipment to the cleaner. Because the case presented an issue of first impression, it was certified to the Alaska Su...

Jaasma v. Shell Oil Co.

The court reversed a district court's summary judgment order dismissing a property owner's claims that an oil company breached its obligations under a lease agreement to operate a gasoline station and that the owner had suffered cognizable damages as a result of that breach. A week before the end of...

Anderson First Coalition v. Anderson, City of

The court affirmed in part and reversed in part a trial court decision denying individuals' petition for writ of mandate challenging the approval of a shopping center project. The trial court did not violate the California Environmental Quality Act (CEQA) by severing a gas station from the project, ...

National Ass'n of Home Builders v. Norton

The court affirmed the dismissal of a home builder association's claims that the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) in its promulgation of survey protocols to detect the endangered quino checkerspot butterfly in s...

Lincoln Place Tenants Ass'n v. Los Angeles, City of

A court held that a city cannot disregard the mitigating conditions it placed on the demolition of certain buildings in its approval of a redevelopment project without conducting a supplemental California Environmental Quality Act (CEQA) review. The city claimed that the demolition at issue was not ...

Wien v. State

The court upholds an individual's conviction for violating the Delaware Wetlands Act when he built an erosion barrier on wetlands on his waterfront property without a permit. The statute is not overly broad because it does not unnecessarily restrict his constitutional right to access navigable water...

Endangered Habitats League v. Orange, County of

A court holds that a county must set aside its approvals for a development project. The project is inconsistent with the county's general plan because it will cause an impermissible increase in traffic. In addition, the environmental impact report for the project must be set aside. It uses an improp...

Burlington N. & Santa Fe Ry. Co. v. Skinner Tank Co.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §309, which preempts a state's statute of limitations if it provides a commencement date earlier than the federal commencement date, does not preempt Texas' 15-year statute of repose in a che...

Lighthouse Field Beach Rescue v. Santa Cruz, City of

A court holds that a city violated the California Environmental Quality Act in adopting revisions to its general plan with regard to unleashed dogs at a state beach. The city's initial study failed to adequately describe the impacts of off-leash dog use at the beach. Once the informational requireme...

American Rivers, Inc. v. Corps of Eng'rs

The court dismisses various parties' challenges to the U.S. Army Corps of Engineers' operation of the Missouri River main stem reservoir system and associated U.S. Fish and Wildlife Service (FWS) wildlife assessments. The court dismissed as moot several claims concerning the conditional summer low f...