Second District Finds City Violated Mortgagee’s Due Process Rights by Demolishing Substandard Building without Proper Notice April 2006

Second District Upholds City’s Formation of a Special Assessment District—Finds Compliance with California Constitution Article XIII D July 2009

Ninth Circuit Finds Federal Taking Claim Barred where Claimant Had Knowledge of Already-accomplished Physical Taking May 2002

Ohio Expands Erosion of Pollution Coverage into Directors and Officers Policies January 2005

News from the West August 2006

Utah Supreme Court Reinforces Contractual Nature of Non-Profit Mutual Water Companies June 2006

California Court of Appeal Declines Automatic Disqualification of Attorney Whose Former Firm had Represented Adversary in Related Environmental Matters April 2001

Arizona Supreme Court Finds Deed Reservations of Potential Future Use of Groundwater Invalid June 2009

News from the West June 2009

State Appeals Court Decision that Creates Property Right in Percolating Groundwater Appealed to Arizona Supreme Court July 2008

Governor Davis and Air Resources Board File Suit Seeking Waiver of EPA-Mandated Use of Oxygenates. October 2001

Connecticut Appellate Court Finds Landowner’s Wetlands Modification Caused Trespass to Neighbor’s Land via Water Intrusion June 2007

First District Court Affirms Invalidity of Bayview Hunters Point Redevelopment Plan Referendum December 2008

Chino Area Dairies Settle Lawsuits; Agree to Implement Water and Air Controls January 2003

Chino Area Dairies Settle Lawsuits; Agree to Implement Water and Air Controls January 2003

Fourth District Upholds Irvine’s Certification of Program EIR for General Plan Amendment andZone Change August 2004

Tenth Circuit Affirms Ability of U.S. EPA to Rely on State Interpretations when Approving State Water Quality Regulations August 2005

NEW MEXICO: Environmental Groups Intend to Refile Suit Contending New Mexico's Water Quality Standards Illegally Exempt Agricultural Runoffs and Fail to Protect Endangered Species January 2002

The Endangered Species Act and Agency ‘Discretion’: The Courts and Agencies Take Different Directions June 2007

News from the West: The Struggle of State Versus Federal Control over Water Resources January 2006

Ninth Circuit Reverses EPA Decision to Permit Arizona to Administer Federal Clean Water Act Permitting Program October 2005

Court of Appeals: Ninth Circuit Orders Secretary of the Interior to Reconsider a Decision Declining Designation of the Flat-tailed Horned Lizard as Threatened Under the Endangered Species Act October 2001

Arizona: Court of Appeals Invalidates Legislature's Attempt To Disclaim Title to Lands Underlying Watercourses May 2001

News from the West November 2009

D.C. Circuit finds Delaware Lacked Standing to Oppose FERC Order that Did Not Authorize Project absent State Approval May Cl2009

Five Environmental Organizations File Suit against the U.S. Army Corps Challenging Its Notice to Proceed on the Delaware River Deepening Project January 2010

Third Circuit Denies Citizens Group Private Right of Action and Constitutional Standing to Assert Clean Water Act Claim February 2009

District Court Holds Clean Water Act Citizen Suit Fails in Challenge to Pennsylvania NPDES Program January 2008

D.C. Circuit finds Delaware Lacked Standing to Oppose FERC Order that Did Not Authorize Project Absent State Approval May 2009

Third District Finds Counties May Regulate Private Reservoirs October 2004

Delta Wetlands Project Sues San Joaquin County March 2002

Superior Court Upholds Central Valley Regional Board’s Conditional Waiver of Waste Discharge for Agriculture June 2005

Environmental Groups Challenge Central Valley Regional Water Quality Control Board's Decision to Issue a Waiver for Agricultural Return Flows March 2003

In Examining CEQA Challenge, Not All Parties to Water Transfer Agreement Are Indispensable under Joinder Statute March 2002

In Examining CEQA Challenge, Not All Parties to Water Transfer Agreement Are Indispensable under Joinder Statute March 2002

Controversy Erupts over Groundwater Permit Exemption for Stockwatering with Washington Department of Ecology’s Notice of Exemption’s Limitations January 2009

U.S. Supreme Court Rules that the Federal Insecticide, Fungicide, and Rodenticide Act Preempts Inconsistent State Rules Regarding Labeling of Pesticides July 2005

Dual Representation and Due Process: Maintaining the Line Between Advocate and Advisor in Land Use Proceedings February 2010

Department of The Interior V. Klamath Water Users Association: An End to Secret Advocacy by Tribes During Water Allocation Proceedings? June 2001

Department of The Interior V. Klamath Water Users Association: An End to Secret Advocacy by Tribes During Water Allocation Proceedings? June 2001

Department of The Interior V. Klamath Water Users Association: An End to Secret Advocacy by Tribes During Water Allocation Proceedings? June 2001

United States Supreme Court Unanimously Rules that Government must Release Correspondence Between Klamath Basin Tribes and the Interior Department May 2001

United States Supreme Court Unanimously Rules that Government Must Release Correspondence between Klamath Basin Tribes and the Interior Department May 2001

In-stream Water Right Transfers Survive Judicial and Legislative Challenges in Oregon December 2003

Ninth Circuit Sets Aside BLM Decision to Exchange Lands to Accommodate Construction of the Mesquite Regional Landfill, Finding that BLM Undervalued the Land Exchanged January 2001

Ninth Circuit Issues Opinions in Three Unrelated Cases Regarding the Constitutionality of Local Ordinances Restricting Billboards January 2008

Eighth Circuit Turns Deaf Ear to Innocent Owner Arguments October 2003

Fourth District Court Finds Prepayment of City Affordable Housing Loan Does Not Extinguish Equity Share or Require Reconveyance of Deed of Trust May 2005

City Not Entitled to Impose Additional Conditions on Prepayment of Loan Made under City’s Affordable Housing Program. July 2004

Ninth Circuit Finds Dismissal of CERCLA Claim against EPA Appropriate but Clean Water Act Claim against Corps of Engineers May Proceed December 2002

District Court Limits Private PRPs’ Right to CERCLA Contribution against other PRPs April 2007

California Court of Appeal Determines that Best Management Practices May Be Used Instead of Numerical Limits for Storm Water Discharges January 2007

Third District Court Allows Strict Products Liability Cause of Action for MTBE Release February 2007

Court of Appeals: Tenth Circuit Reverses Damages Award for Pollution because Trial Judge Failed to Perform Gatekeeper Function under Daubert July 2003

First Circuit Court of Appeals Determines There Is No Entitlement to an Evidentiary Hearing when Issuing a Clean Water Act NPDES Permit May 2006

NPDES Permit Applicants Not Entitled to a Formal Evidentiary Hearing by EPA under the Clean Water Act May 2006

Illinois Supreme Court Affirms $3.2 Million Judgment against Utility for Improper Cleanup of Site Causing Neuroblastoma in Children May 2002

News from the West May 2008

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District Court Holds Action Based on Late Discovery of TCE Is Barred by Statute of Limitations Applicable to Remedial Action Based on Different TCE Source on Same Property March 2008

District Court Holds Action Based on Late Discovery of TCE Is Barred by Statute of Limitations Applicable to Remedial Action Based on Different TCE Source on Same Property March 2008

Fifth Circuit Affirms the Federal Insecticide, Fungicide and Rodenticide Act Preemption of State Labeling Laws for Pesticides August 2003

District Court: Chemical Company Secures Trial on Coverage for DBCP Liability November 2002

Superior Court Rejects Petitioners’ CEQA Challenges to Sacramento ‘Railyards Project’ January 2010

Opening Briefs Filed in Challenges to CEQA Environmental Impact Report Prepared for ‘Railyards’ Specific Plan February 2009

Superior Court Holds Real Party and Respondent Agency Limited to One Peremptory Disqualification between Them—Denies Motions to Consolidate Challenges to ‘Railyard’ Development May 2008

District Court Rules that a Party May Bring a CERCLA Action after Losing State Court Environmental Tort Case Based on the Same Alleged Contamination August 2005

New Jersey Appellate Division Rejects State Agency’s Settlement as a Violation of Coastal Area Facility Review Act April 2009

Retaliatory Eviction Cannot Be Asserted as an Affirmative Defense to Eviction Proceedings Brought Pursuant to the Ellis Act May 2001

D.C. Circuit Confirms Federal Energy Regulatory Commission Acted Reasonably under Clean Water Act/NEPA Regarding Discharge Pipe and Seawall June 2008

Second District Holds Regulatory Taking Claim Is Ripe when County Denies Application to Subdivide Parcel into Two Residential Lots March 2006

Court of Appeals: Seventh Circuit Affirms Dismissal of Third-party Claims for Cleanup Costs where Expert Was Not Allowed to Testify June 2002

District Court Allows Co-PRP to Pursue CERCLA § 107 Claim with Respect to Portion of Site with Divisible Harm February 2004

Wisconsin Court of Appeals Affirms Judgment Finding PRP Did Not Assume Duty to Neighboring Landowner Simply by Cleaning Up Site October 2008