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Santa Clarita Org. for Planning the Env't v. Los Angeles, City of

A California appeals court affirmed a lower court’s denial of environmental group’s petition for writ of mandate challenging defendant county’s revision and recertification of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). The water serv...

O'Mara v. Wappinger, Town of

On certification from the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals held that an open space restriction imposed by a subdivision plat under New York Town Law §276 and filed in the Office of the county clerk pursuant to Real Property Law §334 is enforceable...

Porterville Citizens for Responsible Hillside Dev. v. Porterville, City of

A California appellate court reversed a lower court's grant of a peremptory writ of mandamus in favor of an environmental group that set aside defendant city's approval of a housing project subdivision map and that required a focused environmental impact report (EIR) or equivalent analysis to be con...

Save Round Valley Alliance v. Inyo, County of

A California appellate court reversed a lower court's denial of a petition for a writ of mandate, which challenged the certification of an environmental impact report (EIR) under the California Environmental Quality Act and the approval of a developer's tentative subdivision tract map in Inyo County...

Feldman v. Bomar

The Ninth Circuit dismissed individuals' appeal from a judgment for defendants in a case claiming that they violated the National Environmental Policy Act and the California Environmental Quality Act in adopting a National Park Service (NPS) program to restore and protect Santa Cruz Island by, in pa...

North Slope Borough v. Minerals Management Serv.

A district court dismissed a lawsuit filed by Alaska native groups seeking to rescind certain oil and gas leases issued by the Minerals Management Service (MMS) in 2007. The MMS prepared an EIS in 2003 for lease sales that were to occur in 2003, 2005, and 2007. Because of the time lag between the 20...

Schuette & Koerting, Inc. v. Regional Water Quality Control Bd.

A California appellate court reversed a lower court decision denying a petition to set aside a regional water board order requiring a company to perform a human health risk assessment in connection with its cleanup of a large toxic groundwater plume of industrial wastes that leaked into the ground a...

Communities for a Better Env't v. South Coast Air Quality Management Dist.

A California appellate court held that a regional air quality district abused its discretion under the California Environmental Quality Act in issuing a negative declaration for an ultra low sulfur diesel fuel manufacturing project. The environmental group challenging the project offered substantial...

Nascimento v. Preferred Mut. Ins. Co.

The First Circuit held that under Massachusetts law, an insurance company has no contractual obligation to defend or indemnify an individual in an environmental liability suit brought against him by his neighbors for soil contamination stemming from a leaking underground storage tank (UST). The tota...

Coastside Fishing Club v. California Resources Agency

A California appellate court upheld a lower court decision dismissing claims challenging a memorandum of understanding (MOU) entered into by a state agency and an environmental group to help implement the California Marine Life Protection Act. In enacting the statute, the state legislature failed to...