Fifth Appellate District Reverses Denial of Motion to Tax $33,000 Cost Award for Preparation of CEQA Record January 2007

D.C. Circuit Holds Relevant Value for a Takings Analysis of Federally Regulated Wetlands Is the Value of the Entire Parcel of Land at Issue, without Adjustment for Inflation November 2002

First District Finds No Rational Basis for Ordinance Differentiating Type of Retail Store with and without Pharmacy for Legal Tobacco Sales August 2010

Sixth Circuit Vacates Redesignation of Cincinnati's Ozone Attainment Status November 2001

Fourth District Holds Real Parties to Election Dispute Conferred a Significant Voter Benefit—May Recover Attorney’s Fees November 2005

Prohibiting Big Macs and Rollbacks: California’s Ever-Expanding Regulation of Retail End-Users December 2007

Fifth District Upholds City of Turlock’s Anti-‘Big Box’ Retail Ordinance, Rejecting CEQA and Police Power Claims June 2006

Following Jury Verdict on Common Law Counts, District Court Determines the Source of PCE Release and Response Costs under CERCLA January 2010

District Court Rejects Motion Seeking Removal of State Court Medical Monitoring Case Based on a Claim of Diversity Jurisdiction. September 2004

Third District Finds Constitutional Protection of Petitioning Activities at Privately-Owned Shopping Centers Does Not Extend to Stand-Alone Big Box Retail Stores February 2001

District Court Finds Mushroom Waste Processing Facility's Wastewater Processing System Is a "Point Source" under the Clean Water Act May 2003

California Supreme Court Upholds Obligation of Landlords to Provide 90-Days Notice for Section 8 Tenancy Terminations August 2005

Utah Supreme Court Rules on Impact Fees andon Retroactive Extension for Filings in Adjudication Proceeding February 2005

Utah Supreme Court Clarifies Who Has Standing to Seek Judicial Review of a State Engineer Decision April 2004

District Court Finds Forest Service’s Cleanup a ‘Removal’ Action under CERCLA Section 104 Making the Action Against the Service a ‘Challenge’ Barring Federal Court Jurisdiction under Section 113 August 2009

Federal Court Rejects Bush Administration Streamlined Pesticide Approval October 2006

Pesticide Usage along California’s Waterways: Will the Ninth Circuit’s Decision to Protect Salmon also Preserve Water Quality? August 2005

District Court Restricts the Use of Pesticides near Western Salmon Streams March 2004

District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed May 2008

Massachusetts Supreme Court Finds 14 Towns Succeed in Challenging State DEPs Right to Regulate Water Withdrawal February 2010

First Circuit Holds Navy's Interim Training Exercises Are Not a "Major Construction Activity" Requiring a Biological Assessment under Section 7 of the Endangered Species Act Janurary 2002

Oregon Court of Appeals Invalidates Deschutes Basin Mitigation Rules July 2005

Oregon Supreme Court Set to Decide Crucial Municipal Water Rights Case February 2005

Oregon Court of Appeals Takes Broad View of Standing, Narrow View of Municipal Rights, in Challenge to Water Permit Issuance. July 2004

aaa April 2006

Environmental Groups Sue Maryland Department of Agriculture for Violation of Freedom of Information Act over Concentrated Animal Feed Operation March 2008

Second Circuit Partially Upholds and Partially Strikes Down EPA’s Concentrated Animal Feed Operation Regulations under the Clean Water Act April 2005

State Decisions: California Court of Appeal Precludes Use of "Minimum Level" Standards Application to NPDES Permit Compliance under the Clean Water Act January 2003

Ninth Circuit Reverses District Court’s Ruling that Ten Page Notice-of-Intent to Sue under the Clean Water Act Is Invalid October 2004

CVP/SWP Litigation Update: Project Operations amidst State and Federal Court Litigation August 2007

First District Holds Department of Water Resources Is a ‘Person’ under the California Endangered Species Act August 2010

CVP/SWP Litigation Update: Project Operations amidst State and Federal Court Litigation August 2007

Superior Court’s Order Barring Pumping from Banks Plant in Delta Stayed Pending Appeal June 2007

Superior Court Judge Orders Shutdown of Delta Water Pumps May 2007

DWR Need Not Immediately Shut Down Delta Water Pumps over Fishery Concerns January 2007

Fishing Alliance Sues California Department of Water Resources over Delta Pumping December 2006

First District Upholds Trial Court Ruling that City’s Approval of General Plan Update Violated State Aeronautics Act and CEQA May 2010

Utah Supreme Court Upholds Determination of Interference with Neighbor’s Water Right by Impeding the Flow of Water November 2006

Connecticut High Court Finds Town’s Grant of Private Easement for Stormwater Drainage over Public Lands Must Allow for Public Comment and Participation November 2007

First Circuit Rules on Liquified Natural Gas Project in Coastal Zone and Involving the Natural Gas Act, CZMA and CWA Dredge and Fill Permitting January 2010

Requirement to Obtain a Permit Prior to Conducting Activities on Ore’s Wetland Property Not Considered Overbroad or Vague September 2005

Third Circuit Upholds EPA's Pretreatment Program Requirements for North Borough Publicly Owned Treatment Works November 2002

Landowner Denied Road Access to Water Accessible, but Landlocked Property December 2006

Colorado Supreme Court Requires Augmentation Plan Applicant to Replace Pre-Application Depletions April 2010

Tennessee Court of Appeals Dismisses Action against State Agency Alleging Negligent Advice Concerning Disposal of Hazardous Waste July 2005

Seventh Circuit Enforces Pollution Exclusion in CGL Policy Concerning Groundwater Contamination Arising from Gasoline Leak June 2010

Colorado Supreme Court Affirms Denial of Conditional Water Right where Applicant Lacked Permission to Access Federal Land to Appropriate the Water January 2003

Arizona: State Court of Appeals Declares Streambeds May Be Used to Convey Water over Landowners' Objections July 2001

Texas Court of Appeals Denies Tort Remedies to Landowner Who Purchased Property after Contamination Occurred September 2005

Fourth Circuit Finds Litigant Who Achieved ‘Some Degree of Success’ before Interior Board of Land Appeals May Still Be Awarded Attorney’s Fees August 2009

District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed May 2008

Historic Road through Yuba County Goldfields, Offered for Dedication by the United States and Accepted and Held By Yuba County, Remains a Public Road October 2002

Third District Court of Appeal Upholds Placer County’s CEQA Finding that a Mining Operation Has a Sufficient Water Supply December 2006

The Ninth Circuit Upholds Preponderance of Evidence Standard and Rejects Broad Innocent Landowner Defense in CERCLA Action April 2004

Ninth Circuit Holds No Implied Private Right of Action under Bivens when the APA Provides an Adequate Remedy October 2009

California Court of Appeal Upholds Clean Air Act’s PM10 and Ammonia Emissions Rule May 2006

Third District Upholds Secondary Drinking Water Standard For MTBE. August 2002

California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers October 2002

aaa April 2008

Ninth Circuit Holds Endangered Species Act Consultations Not Required for Certain Water Diversions October 2006

News From The West: Ninth Circuit Addresses the Intersection of Water Law and the Endangered Species Act October 2006

Ditch and Water Structure Authorizations across Federal Lands: New Case Law Supporting Bypass Flow Requirements December 2004

Environmental Organizations Challenge U.S. Forest Service’s Renewal of Grazing Permits in California June 2008

Plan to Restore Flows in the Trinity River Survives Challenge, with Implications for Rivers and Streams Throughout the West August 2004

Ninth Circuit Holds that U.S. Bureau of Reclamation Should Deliver Central Valley Project Water According to Water Rights Set by California Law October 2003

U.S. Supreme Court Upholds Federal Government’s Sovereign Immunity in Farmers’ Suit for Breach of Water Contract August 2005

Trinity River Dispute Continues: Motions for Summary Judgment to Be Considered in July June 2002

Judge Slows Implementation of Last-Minute Clinton Administration ROD for Increased Trinity River Flows June 2001

Ninth Circuit Reverses Summary Judgment Decision on Trinity River Flows October 2004

California Court of Appeal Finds Qualified Pollution Exclusion Exempts Coverage for Discharge of Contamination Occurring before the Policy Period, Even If Damage Is Ongoing September 2003

News from the West August 2009

Ninth Circuit Holds Army Corps Improperly Determined the Scope of NEPA Analysis of Environmental Impacts Related to CWA 404 Permit to Fill Desert Washes June 2009

District Court Applies More Generous CERCLA Discovery Rule for Running of Statute of Limitations Period December 2009

Federal: US Supreme Court Rules EPA May Not Consider Compliance Costs when Setting Certain Air Quality Standards; Ruling may Impact Federal Water Quality Law in the Future April 2001

District Court Finds Spilled Heating Oil Did Not Constitute a ‘Pollutant’ under the Clean Water Act or Fall under the Pollution Exclusion of a Homeowners Insurance Policy November 2008

Second District Finds City Attorney Has No Duty to Prepare Ballot Title or Summary where Proposed Initiative Measures Are Facially Unconstitutional December 2008

FEMA Sued in Federal District Court for Issuance of Flood Insurance Constituting a Violation of the Endangered Species Act November 2009

Ninth Circuit Overturns Fish and Wildlife Service’s Decision to Grant Special Use Permit for Salmon Enhancement Project as a Prohibited Commercial Enterprise under the Wilderness Act March 2004

Third District Court Rules that Vested Rights Determination under SMARA Must Follow Procedural Due Process Requirements January 2007

Row of Trees May Qualify As a Nuisance under California's Spite Fence Statute July 2002

aaa April 2006

FEDERAL: Seventh Circuit Deems Wisconsin Tribe a State for Water Quality Purposes December 2001

Environmental Groups Sue to Halt Dredging and Filling along the Santa Clara River April 2006

First District Court Holds that 1915 Subdivision Map Does Not Create Valid Lots under Map Act’s Grandfather Provisions October 2008

First District Court Finds Allegations Sufficient to State a Claim for Violation of the Brown Act against City and City Council of Fremont January 2007

First District Upholds Higher Density Bonus Units than Required by State Law and Finds Grant of Discretionary Units Not Subject to CEQA February 2010

First District Finds Prevailing Party Landlord Was Not Entitled to Attorney’s Fees in Action against City under Local Rent Stabilization Ordinance April 2010

Fourth District Court Finds Homeowner Must Remove Encroachments Erroneously Approved by Homeowners Association August 2005

Fifth District Issues Modification to Woodward Park Case; Judgment Left Unaltered July 2007

Fifth District Rules against City under CEQA for Inadequate EIR and Statement of Overriding Considerations June 2007

Ninth Circuit Upholds Spokane Ordinances Prohibiting Adult Stores from Opening Near Specified Land Use Categories. July 2004

First District Court Finds City’s Agreement with Tribe Regarding Impacts of Proposed Casino Project Not Subject to Referendum August 2005

District Court Finds Suit by State Agency for Environmental Civil Penalties May Be Exempt from Automatic Stay in Bankruptcy Proceedings June 2009

District Court in New York Finds that Settlement under State Hazardous Waste Laws Does Not Provide Right to Contribution under CERCLA July 2005

Second Circuit Holds Party Who Remediates Contamination under State Consent Order Can Bring CERCLA Action for Response Costs–Not for Contribution May 2009

In Quiet Title Action, Second District Finds City Accepted Offer of Dedication of Street and No Abandonment Occurred December 2006

Eighth Circuit Finds Farmer Is Permitted to Sue Pesticide Manufacturer although Label Instructions Were Ignored November 2005