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 ...

The Ninth Circuit held that yellowfin tuna caught by encircling dolphins with purse-seine nets may not be labeled "dolphin-safe." Environmental groups challenged the Secretary of Commerce's finding that tuna caught with purse-seine nets does not have an adverse impact on dolphin populations. But the...

The Ninth Circuit vacated a lower court decision granting in part and denying in part cross-motions for summary judgment in a case concerning the validity of the federal government's policy for listing killer whales under the Endangered Species Act. Since the lower court issued its decision, the Nat...

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 The contract, originally made in 1961, requires the United States to deliver 60,000 acre-feet of Class ...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 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...

A New Mexico appellate court upheld the state's definition of "surface waters." In 2005, the New Mexico Water Quality Control Commission revised New Mexico's definition of surface water by eliminating language referring to interstate commerce to ensure that the state has plenary power within its bor...

A California appellate court reversed in part a lower court decision dismissing a consumer group's complaints against various hotels and retail establishments for secondhand smoke and tobacco exposure. The group alleged that the defendants violated California Proposition 65 by exposing individuals t...

The court held that a lower court properly denied power companies' motions to compel their insurer to pay all past and future defense costs incurred in responding to a federal lawsuit under the Clean Air Act. The underlying claim, brought by the federal government, three states, and several environm...

The court upheld a lower court decision dismissing a developer's appeal of a state administrative order directing him to remedy deficiencies in a dam and an associated detention basin in Naugatuck. The agency commissioner properly acted within his statutory authority in issuing the order. Prior to i...