The court holds that the Z'berg-Nejedly Forest Practice Act and its implementing regulations do not provide the exclusive mechanism through which regional and state water control boards may address water quality concerns implicated by logging operations associated with a timber harvest plan. After t...
A court holds that a lower court erred in denying a citizen group's petition challenging the California Department of Food and Agriculture's (DFA's) certification of a program for controlling a crop disease with pesticides. The DFA abused its discretion by failing to fulfill its obligation under the...
A court holds that a city did not unlawfully surrender its police power or improperly amend its general plan by entering into a settlement agreement to resolve environmental litigation brought against it. The case arose after the city council, in light of the settlement agreement, voted to approve a...
The court holds that the Pipeline Safety Improvement Act of 2002 preempts a city's regulatory efforts to provide safety oversight of a hazardous liquid pipeline within city boundaries. After a section of a hazardous liquid pipeline exploded in Seattle, Washington, the city refused to renew the pipel...
A court upholds the dismissal of an individual's claims against a state agency and corporations for failing to provide convenient, economical, and efficient beverage container redemption opportunities as required by the California Beverage Container Recycling and Litter Reduction Act. The lower cour...
A court partially grants the U.S. Environmental Protection Agency's (EPA's) and individuals' motions to dismiss a class action suit stemming from plaintiffs' exposure to hazardous substances in the interior of their residences, schools, and workplaces as a result of the dust and debris released from...
A court affirms, modifies, and reverses a lower court's judgments in seven coordinated cases involving the California State Water Resource Control Board's (Board's) implementation of a water quality plan in a water rights proceeding, a related environmental impact report, a joint points of diversion...
The court upholds a lower court decision denying a nonprofit group's petition for writ of mandate and claim for declaratory relief in a case challenging a state pesticide department's decision to renew a number of pesticide registrations for 2002. The department’s procedure of renewing pestici...
A court holds that under former California Food and Agricultural Code §12811.5, the state pesticides department may not actively or passively consider data submitted by an original registrant when considering a subsequent application for registration by another applicant who does not have the o...
A court reverses the dismissal of property owners' complaint challenging a city's creation of a fire suppression assessment district. The lower court determined that the owners failed to exhaust their administrative remedies as provided in a local ordinance. The ordinance, however, lacks any procedu...