August 2010: Ninth Circuit Allows Non-Settling CERCLA PRPs to Intervene in Litigation to Oppose a Consent Decree Incorporating a Settlement U.S. v. Aerojet General Corp., ___F.3d___ 08-55996 (9th Cir. June 2, 2010) |
August 2010: News from the West |
August 2010: Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Critical Habitat Designation for the Mexican Spotted Owl Arizona Cattle Growers’ Association v. Salazar, ___F.3d ___ 08-15810 (9th Cir. June 4, 2010) |
July 2010: Ninth Circuit Validates Agency Findings Approving Business Park’s Impact on Wetlands and Endangered Species Butte Environmental Council v. U.S. Army Corps of Engineers, ___F.3d___ 09-15363 (9th Cir. June 1, 2010) |
June 2010: Ninth Circuit Holds Groundwater Allocations May Not Interfere with Tribe’s Surface Water Rights under the Orr Ditch Decree U.S. v. Orr Ditch Water Co., ___F.3d___ 07-17001 (9th Cir. 2010) |
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June 2010: Ninth Circuit Denies Motion for Attorney’s Fees in Clean Water Act Suit against an Intervenor NPDES Permittee Friends of Pinto Creek v. U.S. Environmental Protection Agency, ___F.3d___ 05-70785 (9th Cir. 2010). |
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May 2010: Ninth Circuit Clarifies ‘Arbitrary and Capricious’ Standard for Management of Forest System Lands under the Forest Management Act and NEPA Native Ecosystems Council v. Tidwell, ___F.3d___ 06-35890 (9th Cir. March 9, 2010) |
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May 2010: Ninth Circuit Finds a Petitioner’s Burden to ‘Demonstrate’ a Permit for Pollutant-Emitting Activities Violates Title V of the Clean Air Act MacClarence v. U.S. Environmental Protection Agency, ___F.3d___ 07-72756 (9th Cir. March 4, 2010) |
May 2010: Ninth Circuit Invalidates Forest Service’s Approval of Grazing Allotments under NEPA Due to Nonexistent MIS and Failure to Take a ‘Hard Look’ at the Project Native Ecosystems Council v. Tidwell, ___F.3d___ 06-35890 (9th Cir. March 9, 2010) |
April 2010: Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement United Farm Workers of America v. U.S. Environmental Protection Agency, ___F.3d___ 08-35528 (9th Cir. Jan. 26, 2010) |
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March 2010: Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement United Farm Workers of America v. U.S. Environmental Protection Agency, ___F.3d___ 08-35528 (9th Cir. Jan. 26, 2010) |
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March 2010: Ninth Circuit Denies Claims that U.S. Forest Service Unlawfully Permitted Motorized Use of a Trail in Hells Canyon Wilderness Hells Canyon Preservation Council v. U.S. Forest Service, ___F.3d___ 07-35456 (9th Cir. Jan. 25, 2010) |
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February 2010: News from the West |
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January 2010: Ninth Circuit Addresses Claims that a City and County Unlawfully Discriminated in Failing to Provide Sewer Service to Predominantly Latino Neighborhoods The Committee Concerning Community Improvement, v. City of Modesto 583 F.3d 690 (9th Cir. 2009) |
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January 2010: Ninth Circuit Clarifies Application of Sovereign Immunity under the Quiet Title Act Robinson v. U.S., ___F.3d___ 07-17052 (9th Cir. Nov. 2, 2009) |
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January 2010: The Boundary of Navigable Waters and Tidelands May Extend behind Lawfully Built Shore Defense Structures as if They Do Not Exist |
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December 2009: Ninth Circuit Finds City Violated the Telecommunications Act when It Denied Application to Construct Wireless Facilities in Public Rights-Of-Way Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates 583 F.3d 716 (9th Cir. 2009) |
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December 2009: Ninth Circuit Addresses District Court’s Decision Regarding Land Exchange for Proposed Landfill Project National Parks and Conservation Association v. U.S. Bureau of Land Management, ___F.3d__ 05-56814 (9th Cir. Nov. 10, 2009) |
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December 2009: Ninth Circuit Finds Low Income Housing Ordinance Is Not Preempted by a U.S. Department of Housing Regulation Barrientos v. 1801-1825 Morton, LLC, ___F.3d___ 07-56697 (9th Cir. 2009) |
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December 2009: Ninth Circuit Finds Property Owners Adjoining Tidelands Liable for Trespass and Violations of the CWA and Rivers and Harbors Act for Shore Structures U.S. v. Milner, ___F.3d___ 05-35802 (9th Cir. 2009) |
November 2009: Ninth Circuit Finds Waterfront Homeowners Liable in Violation of the Rivers and Harbors Act and CWA for Maintaining Structures to Protect against Erosion U.S. v. Nicholson, ___ F.3d ___ 05-35802 (9th Cir. Oct. 2, 2009) |
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November 2009: Guggenheim v. City of Goleta—The Ninth Circuit Breaks New Ground for Property Rights and Generates Great Controversy |
November 2009: Ninth Circuit Reverses the Approval of a Land Exchange for Failure to Take a ‘Hard Look’ at Environmental Consequences Center For Biological Diversity v. U.S. Department of the Interior, ___F.3d___ 07-16423, (9th Cir. Sept. 14, 2009) |
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November 2009: Ninth Circuit Holds that Intrastate Plaintiffs Must Have ‘Prudential Standing’ to a Bring Claim under the Dormant Commerce Clause City of Los Angeles, et al v. County of Kern, et al., ___F.3d___ 07-56564, 08-56622 (9th Cir. Sept. 9, 2009) |
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November 2009: Ninth Circuit Upholds Mobilehome Park Owners’ Facial Takings Challenge to City’s Mobile Home Rent Control Ordinance Guggenheim v. City of Goleta, ___F.3d___ Case No. 06-56306 (9th Cir. Sept. 28, 2009) |
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November 2009: Ninth Circuit Holds U.S. EPA’s Administration of Unilateral Administrative Orders under CERCLA Is Not Subject to Judicial Review for ‘Pattern and Practice’ Claims City of Rialto v. West Coast Loading Corp., ___F.3d___ 08-55474 (9th Cir. 2009) |
October 2009: Ninth Circuit Finds Judicially Enforceable Settlement Agreement Entitled Party to Attorney’s Fees as the ‘Prevailing Party’ under Clean Water Act Section 1365(d) Saint John’s Organic Farm v. Gem County Mosquito Abatement District, ___F.3d__ 07-35797 (9th Cir. July 16, 2009) |
October 2009: U.S. Supreme Court Denies Certiorari, Allows Ninth Circuit Opinion to Stand Upholding First-Ever Exclusive Use of Wastewater for Snowmaking Navajo Nation v. U.S. Forest Service, cert. denied 129 S. Ct. 2763 (U.S. 2009); 535 F.3d 1058, 1063 (9th Cir. 2008) |
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October 2009: Ninth Circuit Affirms Order Permanently Enjoining Implementation of U.S. Forest Service’s State Petitions Rule People of the State of California v. U.S. Department of Agriculture, ___F.3d.__ 07-15613 (9th Cir. Aug 5, 2009 ) |
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October 2009: Ninth Circuit Holds No Implied Private Right of Action under Bivens when the APA Provides an Adequate Remedy Western Radio Services Co. v. U.S. Forest Service, ___F.3d___ 08-35186 (9th Cir. Aug. 21, 2009) |
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August 2009: News from the West |
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July 2009: Ninth Circuit Upholds Forest Service’s Interpretation of Mineral Management Standard and Guideline Siskiyou Regional Education Project v. U.S. Forest Service, ___F.3d___ 06-35332, (9th Cir. May 7, 2009) |
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July 2009: Ninth Circuit Holds Government Official or Entity May Receive Noerr-Pennington Immunity for Petitioning Involved in Eminent Domain Proceeding— Finds Government Activity Subject to ‘Sham’ Exception Kearney v. Foley, ___F.3d___ 07-55566 (9th Cir. May 12, 2009) |
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June 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 White Tanks Concerned Citizens, Inc. v. Strock, ___F.3d___ 07-15659 (9th Cir. April 29, 2009) |
June 2009: Ninth Circuit Issues Amended Opinion Holding that Award of Attorneys’ Fees under the Endangered Species Act Was Proper Center for Biological Diversity v. Marina Point Development, ___F.3d.___ 06-56193 (9th Cir. Mar. 27, 2009 amended) |
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May 2009: Ninth Circuit Affirms Washington State’s Authority over Mixed Hazardous and Radioactive Waste Buried at the Hanford Nuclear Reservation State of Washington v. Chu, ___F.3d___ 06-35227 (9th Cir. March 10, 2009) |
May 2009: Ninth Circuit Finds EPA’s Approval of Local Air District’s Particulate Pollutant Control Program Comports with Clean Air Act Requirements Latino Issues Forum, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___ 06-71907 (9th Cir. March 5, 2009) |
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March 2009: Ninth Circuit Enforces City Sign Ordinance and Rejects Claim of First Amendment Violation Metro Lights LLC v. City of Los Angeles, ___F.3d___ 07-55207 (9th Cir. Jan. 6, 2009) |
February 2009: Ninth Circuit Confirms a Cow Is Not a Point Source of Discharges Requiring Clean Water Act Section 401 Water Quality Certification Oregon Natural Desert Association, et al. v. U.S. Forest Service, ___F.3d___ 08-35205 (9th Cir. Dec. 11, 2008) |
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February 2009: News from the West |
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February 2009: Ninth Circuit Holds That an Environmental Impact Statement May Not Tier to a Non-NEPA Document League of Wilderness Defenders/Blue Mountains Biodiversity Project v. U.S. Forest Service, ___F.3d___ 06-35780 (9th Cir. Dec. 11, 2008) |
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January 2009: Ninth Circuit Holds District Court Was Not the Forum for a School District’s Clean Air Act Title V Permit Challenge Romoland School Dist. v. Inland Empire Energy Center, LLC , ___F.3d___ 06- 56632 (9th Cir. Nov. 18, 2008) |
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January 2009: Ninth Circuit Holds CERCLA’s Provision Superseding State Statutes of Limitations Extends to State Statutes of Repose McDonald v. Sun Oil Co., ___F.3d___ 06-35683 (9th Cir. Nov. 19, 2008) |
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January 2009: Shell’s Plans for Oil Exploration Off the Artic National Wildlife Refuge Temporarily Thwarted By Adverse Ninth Circuit Decision Alaska Wilderness League, et al. v. Kempthorne, et al., ___F.3d___ 07-71457, 07-71989, 07-72183, DOI No. 2007-152 (9th Cir. Nov. 20, 2008) |
December 2008: CERCLA and the U.S. Supreme Court: Good Bye Apportionment, Hello Arranger Liability for Chemical Manufacturers? |
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December 2008: Recent Ninth Circuit Decision Invites Regulated Community to Roll the Dice—Holds Determination of CWA Jurisdiction Does Not Constitute ‘Final Agency Action’. Fairbanks N. Star Borough v. U.S. Army Corps of Engineers, ___F.3d___ 07-35545 (9th Cir. 2008) |
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November 2008: Ninth Circuit Holds District Court Abused Its Discretion in Awarding NRDC All of Its Attorneys’ Fees in Navy Sonar Lawsuit Natural Resources Defense Council, Inc. v. Winter, ___F.3d___ 07-55294 (9th Cir. Sept. 16, 2008) |
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November 2008: Ninth Circuit Applies Penn Central ‘Takings’ Standard to ‘Generally Applicable Development’ Conditions Tapps Brewing v. City of Sumner, ___F.3d___ 07-35231 (9th Cir. Sept. 25, 2008) |
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November 2008: News from the West |
October 2008: Ninth Circuit Rules Approved Wetlands Jurisdictional Determination by Corps Not Final Agency Action under APA and Not Reviewable Fairbanks North Star Borough v. U.S. Army Corps of Engineers, et al., ___F.3d___ 07-35545 (9th Cir. Sept. 12, 2008) |
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October 2008: Ninth Circuit Overrules Legal Precedent and Offers Greater Deference under Forest Management Act and NEPA to U.S. Forest Service Lands Council v. McNair, ___F.3d___ 07-35000 ((th Cir. July 2, 2008) |
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August 2008: Ninth Circuit Rejects EPA’s Interpretation of Contamination under NPDES of Clean Water Act Natural Resources Defense Counsel v. U.S. Environmental Protection Agency, ___F.3d___ 06-73217 (9th Cir. May 23, 2008) |
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August 2008: Ninth Circuit Rules FWS Does Not Have Enforceable Duty under the ESA to Promptly Delist after Five-Year Species Review Coos County Board of County Commissioners v. Kempthorne, ___F.3d___ 06-35634 (9th Cir. June 26, 2008) |
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July 2008: Ninth Circuit Finds District Court Erred in Awarding Developer Damages and Attorney’s Fees for Alleged Equal Protection Violation North Pacifica LLC v. City of Pacifica, ___F.3d___ 05-16069, 05-16146, 06-15102, 06-15131, 06, 15631, 06-15772 (9th Cir. May 13, 2008) |
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July 2008: Ninth Circuit find Washington State’s Initiative to Prevent Addition ofNew Radioactive Waste to Hanford Nuclear Reservation Is Preempted by Federal Law U.S. v. Jay Manning, ___F.3d___ 06-35613 (9th Cir. May 21, 2008) |
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July 2008: National Parks Service’s Comprehensive Management Plan for Merced River once again Deemed Inadequate Friends of Yosemite Valley v. Kempthorne, 520 F.3d 1024 (9th Cir. 2008) |
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June 2008: Ninth Circuit Applies Supreme Court Decision in Atlantic Research, Reverses Itself in Pinal Creek, Allows Cost Recovery Claims Under CERCLA Section 107(a) Kotrous v. Goss-Jewett Company, ___F.3d___ 06-15162, 06-16019 (9th Cir. April 17, 2008) |
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June 2008: National Parks Service’s Comprehensive Management Plan for Merced River Once Again Deemed Inadequate Friends of Yosemite Valley v. Kempthorne 520 F.3d 1024 (9th Cir. 2008) |
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May 2008: Ninth Circuit Affirms CERCA Apportionment Allowed among Potentially Responsible Parties at Liability Stage U.S. and California Department of Toxic Substances Control v. Burlington Northern & Santa Fe Railway Company, ___F.3d___ 03-17125 (9th Cir. March 25, 2008) |
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May 2008: Ninth Circuit Affirms Guilty Verdict for Defendant Arising from Unlawful Importation of Ozone-Depleting Substance R-12 Pursuant to the Clean Air Act U.S. v. Alghazouli 517 F.3d 1179 (9th Cir. 2008) |
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May 2008: Federal Waters, Navy Noise and the Reach of National Security |
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April 2008: Ninth Circuit Holds Clean Air Act Preempts California’s Marine Vessel Rules Pacific Merchant Shipping Association v. Goldstene, ___F.3d___ 07-16695 (9th Cir. Feb. 12, 2008) |
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March 2008: Ninth Circuit Holds Supersedeas Bond in Environmental Remediation Case Did Not Secure the Judgment against Both Co-Judgment Debtors Contractors Equipment Maintenance Co., Inc. v. Bechtel Hanford, Inc., ___F.3d___ 06-35310 (9th Cir. Jan. 24, 2008) |
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March 2008: Recovery of the Government’s Attorneys’ Fees under CERCLA: An Ongoing Problem for Responsible Parties |
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March 2008: News from the West |
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March 2008: Ninth Circuit Recognizes that Takings Clause Does Not Completely Foreclose Due Process Claims Relating to Land Use Regulation Crown Point Development, Inc. v. City of Sun Valley et al. 506 F.3d 851 (9th Cir. 2007) |
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March 2008: Ninth Circuit Denies Appeal Challenging Government Approach to Feral Animal Population as Moot Feldman v. Bomar, ___F.3d___ 07 C.D.O.S. 269 (9th Cir. Jan. 10, 2008) |
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February 2008: California Sues EPA for Permission to Regulate Greenhouse Gas Emissions from Motor Vehicles California v. U.S. EPA, filed Jan. 2, 2008, (9th Cir.) |
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February 2008: Ninth Circuit Holds Diminution of Property Value Due to Environmental Contamination Does Not Invoke a Duty to Indemnify or Constitute Damages under General Insurance Policy Goodstein v. Continental Casualty Co., ___F.3d___ 05-35805 (9th Cir. Dec. 3, 2007) |
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February 2008: Ninth Circuit Upholds Army Corps Dredge and Fill Permit for Mining Project despite Large-Scale Wetlands Fill Resulting from Project Bering Strait Citizens for Responsible Resource Development v. U.S. Army Corps of Engineers, ___F.3d___ 07-35506 (9th Cir. Jan. 3, 2007) |
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February 2008: Ninth Circuit Finds Forest Service Violated NEPA by Failing to Properly Assess Significance of Hazardous Fuels Reduction Categorical Exclusion Sierra Club v. Bosworth, ___F.3d___ 05-16989 (9th Cir. Dec. 5, 2007) |
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January 2008: Ninth Circuit Holds Sellers of Lead Containing Materials to Processing Plant Operator Are ‘Arrangers’ under CERCLA California Department of Toxic Substances Control v. Alco Pacific, Inc., ___ F.3d___ 05-55962 (9th Cir. Nov. 28, 2007) |
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January 2008: Ninth Circuit Issues Latest Alpine Decision Regarding Transfer Applications of Water Rights within Newlands Reclamation Project U.S., et. al. v. Alpine Land and Reservoir Co., et. al, ___F.3d___ 99-16812 (9th Cir. Dec. 7, 2007) |
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January 2008: Ninth Circuit Issues Opinions in Three Unrelated Cases Regarding the Constitutionality of Local Ordinances Restricting Billboards Desert Outdoor Advertising, Inc. v. City of Oakland, ___ F.3d ___ 05-15501 (9th Cir. Oct. 30, 2007) |
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January 2008: News from the West Montana Judge Upholds Montana’s Water Quality Standards, Pennaco Energy, Co. v. Montana Board of Environmental Review DV 06-08 (Mont. 22d Jud. Dist., Big Horn County, 2007) |
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December 2007: Ninth Circuit Requires EPA to Consider Technology in Its Review of CWA Effluent Limitations Guidelines Our Children’s Earth Foundation v. U.S. Environmental Protection Agency, ___F.3d___ 05-16214 (9th Cir. Oct. 29, 2007) |
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December 2007: Ninth Circuit Requires New Mining Source to Meet Loading and Water Quality Standards of Impaired Waterbody before EPA Can Issue NPDES Permit Friends of Pinto Creek v. U.S. Environmental Protection Agency, ___F.3d ___ 05-70785 (9th Cir. Oct. 4, 2007) |
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December 2007: News from the West |
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November 2007: Ninth Circuit Holds that the Clean Air Act’s Criminal Provisions Define ‘Asbestos’ Differently than the Act’s Civil Provisions U.S. v. Grace, ___F.3d___ 06-30472, 06-30524 (9th Cir. Sept. 20, 2007) |
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November 2007: Ninth Circuit Holds Landlords Must Seek State Compensation for Lost Rents Before Challenging Rent Control Ordinances in Federal Court Equity Lifestyle Properties, Inc. v. County of San Luis Obispo, ___F.3d___ 05-55406 (9th Cir. Sept. 17, 2007) |
October 2007: Ninth Circuit Holds Water-Filled Quarry Adjacent to the Russian River Has a Significant Nexus with Waters of the U.S. Northern California River Watch v. City of Healdsburg, ___F.3d___ 04-15442 (9th Cir. Aug. 6, 2007) |
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October 2007: Ninth Circuit Holds State and Local Government Procurement Decisions under Fleet Rules Not Preempted under the Clean Air Act Engine Manufacturers Association v. South Coast Air Quality Management District, ___F.3d___ 05-56654 (9th Cir. Aug. 20, 2007) |
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October 2007: Ninth Circuit Holds Clean Water Act Applies to Intermittent Streams U.S. v. Moses, ___F.3d___ 06-30379 (9th Cir. Aug. 3, 2007) |
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October 2007: News from the West |
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October 2007: Ninth Circuit Finds Settlement Agreement between Los Angeles and Congregation Invalid and Unenforceable The League of Residential Neighborhood Advocates v. City of Los Angeles, ___F.3d.___ 06-56211 (9th Cir. Aug. 21, 2007) |
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August 2007: Can EPA impose CERCLA Liability on Foreign Companies? High Court Requests the Solicitor General’s Opinion in the Teck Cominco Metals, Ltd. Case |
July 2007: Ninth Circuit Decides that Permitting Process for Fill Material under the Clean Water Act Must Comply with Performance Standard in Sections 301 and 306 Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, ___F.3d___ 06-35679 (9th Cir. May 22, 2007) |
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June 2007: Ninth Circuit Holds Use of Recycled Sewage Effluent to Make Artificial Snow Violates Religious Freedom Restoration Act and NEPA Navajo Nation, et al. v. U.S. Forest Service, et al., ___ F.3d ___ 06-15371, 06-15436, 06-15455 (9th Cir. March 12, 2007) |
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June 2007: Court of Appeals: Ninth Circuit Holds Federal Legislation Exempts All-American Canal-Lining Project from Environmental Review Consejo de Desarrollo Economico de Mexical v. U.S., ___F.3d___ 06-16345 (9th Cir. April 6, 2007) |
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June 2007: The Endangered Species Act and Agency ‘Discretion’: The Courts and Agencies Take Different Directions |
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June 2007: News from the West |
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May 2007: U.S. Supreme Court Denies Review of Baccarat Decision Dealing with Clean Water Act Jurisdiction Baccarat Fremont Developers, LLC v. U.S. Army Corps of Engineers 425 F.3d 1150 (9th Cir. 2005); cert. denied, U.S. S.Ct., Feb. 20, 2007 |
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May 2007: Ninth Circuit Announces Intention to Hold Permitting Process for Dredged or Fill Material Must Comply with Performance Standard of the Clean Water Act Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers, ___F.3d___ 06-35679 (9th Cir. March 16, 2007) |
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May 2007: Ninth Circuit Finds San Diego County’s Wireless Telecommunications Ordinance Preempted by the Telecommunications Act of 1996 Sprint Telephony PCS, L.P, et al, v. County of San Diego, ___F.3d___ 05-56076, 05-56435 (9th Cir. March 13, 2007) |
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May 2007: News from the West |
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May 2007: Ninth Circuit Holds Use of Recycled Sewage Effluent to Make Artificial Snow Violates Religious Freedom Restoration Act and NEPA Navajo Nation, et al. v. U.S. Forest Service, et al., ___ F.3d ___ 06-15371, 06-15436, 06-15455 (9th Cir. March 12, 2007) |
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April 2007: Ninth Circuit Determines Best Management Practices May Be Used Instead of Numerical Limits For Storm Water Discharges San Francisco Baykeeper v. Cargill Salt Division, ___F.3d___ 04-17554 & 05-15051 (9th Cir. March 8, 2007) |
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April 2007: Ninth Circuit Upholds FWS Ruling that Western Gray Squirrels Don’t Qualify for Protection Northwest Ecosystem Alliance v. Allen 475 F.3d 1136 (9th Cir. 2007) |
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April 2007: Ninth Circuit Rejects Timber Harvest Incidental Take Statement for Northern Spotted Owl Oregon Natural Resources Council v. Allen, ___F.3d___ 05-35830 (9th Cir. Feb. 16, 2007) |
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March 2007: Ninth Circuit Provides Guidance on the Interpretation of a State Implementation Plan under the Clean Air Act Safe Air for Everyone v. U.S. Environmental Protection Agency, ___F.3d___ 05-75269 (9th Cir. Jan. 30, 2007) |
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February 2007: Ninth Circuit Reduces the Ratio of Punitive Damages to Actual Economic Harm in the Toxic-Tort Arena In re: The Exxon Valdez v. Exxon Mobile Corp, ___F.3d___ 04-35182, 04-35183 (9th Cir. Dec. 22, 2006) |
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January 2007: Ninth Circuit Blocks Energy Development on Federal Land of Significance to Indian Tribe Because Federal Agencies Failed to Take ‘Hard Look’ at Project’s Impact Pit River Tribe, et al. v. U.S. Forest Service, et al. ___F.3d___ 04-15746 (9th Cir. Nov. 6, 2006) |
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January 2006: News from the West: The Struggle of State Versus Federal Control over Water Resources Defenders of Wildlife v. U.S. EPA 420 F.3d 946 (9th Cir. 2005) |
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December 2006: Ninth Circuit Finds Army Violated NEPA by Not Considering Reasonable Alternatives to Transformation of Combat Teams in Hawaii “Ilio” Ulaokalani Coalition v. Rumsfeld 464 F.3d 1083 (9th Cir. Oct. 5, 2006) |
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December 2006: Ninth Circuit Court Finds that FWS Failed to Support Its Decision to Defer Listing of Sensitive Frog Center For Biological Diversity et al. v. Kempthorne et al., ___F.3d___ 04-16563 (9th Cir. Oct. 18, 2006) |
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November 2006: Ninth Circuit Upholds Residential Picketing Ordinance as a Valid Time, Place and Manner Restriction Klein v. San Diego County, ___F.3d.___ 04-55819 (9th Cir. Sept. 18, 2006) |
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November 2006: Ninth Circuit Holds that Discharge of Effluent to Man-Made Pond Adjacent to Russian River Requires a Permit under the Clean Water Act Northern California River Watch v. City of Healdsburg, ___F.3d___ 457 F.3d 1023 (9th Cir. 2006) |
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October 2006: Ninth Circuit Applies Rapanos and Holds City of Healdsburg’s Wastewater Discharge into Former Mining Pond Subject to Clean Water Act Northern California River Watch v. City of Healdsburg, ___F.3d___ 04-15442 (9th Cir. Aug. 10, 2006) |
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October 2006: Emergency Injunction by Ninth Circuit Halts the Lining of the All American Canal Consejo de Desarrol, et al. v. United States, et al., ___F.3d___ 06-16345 (9th Cir. Aug. 25, 2006) |
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October 2006: Ninth Circuit Holds Endangered Species Act Consultations Not Required for Certain Water Diversions Western Watersheds Project v. Matejko 456 F.3d 922 (9th Cir. 2006) |
October 2006: Ninth Circuit Upholds EPA Unilateral Order Mandating CERCLA RI/FS Regarding Releases to Columbia River Originating from Canadian Disposal Site Pakootas et al. v. Teck Cominco Metals, Ltd., 452 F.3d 1066 (9th Cir. 2006) |
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October 2006: News From The West: Ninth Circuit Addresses the Intersection of Water Law and the Endangered Species Act Center for Biological Diversity v. US Fish & Wildlife Service 450 F.3d 930 (9th Cir. June 5, 2006) |
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October 2006: Ninth Circuit Declares RLUIPA Constitutional—Holds that Sutter County Violated Rights of Religious Organization by Denying Land Use Approvals Guru Nanak Sikh Society of Yuba City v. County of Sutter, et al, ___F.3d___ 03-17343 (9th Cir. Aug. 1, 2006) |
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August 2006: Central Valley Project in Compliance with Salinity Standards: The Bureau of Reclamation May Deviate from Scientific Models When Statutory Violation Is Anticipated Central Delta Water Agency v. U.S. Bureau of Reclamation, __F.3d__ 04-16632 (9th Cir. May 22, 2006) |
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August 2006: Ninth Circuit Affirms Summary Judgment In Favor of the Bureau of Reclamation in Its Execution of Plan under the Central Valley Project Central Delta Water Agency v. U.S. Bureau of Reclamation, ____ F.3d. ____ 04-16632, (9th Cir. May 22, 2006) |
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August 2006: Ninth Circuit Upholds U.S. Fish and Wildlife Service’s Refusal to Designate Critical Habitat For Unarmored Threespine Stickleback Center for Biological Diversity, et al. v. U.S. Fish & Wildlife Service, et al., ___ F.3d ___ 04-55084 (9th Cir. June 5, 2006) |
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August 2006: New Studies Received after Close of Comment Period for Proposal to List Buena Vista Lake Shrew as Endangered Did Not Trigger Requirement to Reopen Public Comment Kern County Farm Bureau v. Allen, ___ F. 3d ___ 04-15540 (9th Cir. June 20, 2006.) |
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August 2006: Ninth Circuit Finds that Nuclear Regulatory Commission Violated NEPA by Dismissing as ‘Remote and Highly Speculative’ the Possibility of a Terrorist Attack on Nuclear Facility San Luis Obispo Mothers for Peace, et al. v. Nuclear Regulatory Commission 449 F.3d 1016 (9th Dist. 2006) |
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May 2006: Ninth Circuit Grants Preliminary Injunction to Prevent Forest Service Timber Sales in the El Dorado National Forest Earth Island Institute v. U.S. Forest Service, ___F.3d___ 05-16776 (9th Cir. March 24, 2006) |
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March 2006: Ninth Circuit Holds Local Ordinance Regulating Telecommunications Companies’ Use of Public Rights-of-Way Is Preempted by Federal Telecommunications Law Qwest Communications, Inc. v. City of Berkeley 433 F.3d 1253 (9th Cir. 2006) |
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March 2006: Ninth Circuit Rules City Overstepped Its Authority to Deny Wireless Antenna Permits on Aesthetics Grounds Sprint PCS v. La Canada Flintridge, ___F.3d___ CV 03-00039-DOC (9th Cir. Jan. 17, 2006) |
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March 2006: News From the West Brady v. Abbott Laboratories, 433 F.3d 679 (9th Cir. 2005); Goodrich v. United States, ___F.3d___ 05-5047 (D.C. Cir. 2006); City of Union Gap v. Washington State Dept. of Ecology, Wash. PCHB No. 05-078 (2006) |
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February 2006: Ninth Circuit Rules that Private Landowners Have No Action for Interference with Groundwater Rights where a Neighbor Is Pumping Groundwater to Benefit the Land from which the Water Was Withdrawn Brady v. Abbott Laboratories, ___F.3d___ 04-15257 (9th Cir. Dec. 29, 2005) |
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February 2006: Ninth Circuit Overturns District Court Decision to Reduce Defendants’ Obligations under CERCLA Consent Decree United States v. Asarco Inc., et al.___F.3d___ 04-35052, 04-35479 and 04-35106 (9th Cir. Dec. 5, 2005) |
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February 2006: Ninth Circuit Requires DuPont to Answer RICO Allegations Living Designs, Inc. and Plantg Exchange, Inc. v. E.I. DuPont Nemours and Company, ___F.3d___ 02-16947, 02-16948, et al. (9th Cir. Dec. 5, 2005) |
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February 2006: Ninth Circuit Affirms Summary Judgment Denying Recovery of Cleanup Costs under CERCLA for Failure to Substantially Comply with the National Contingency Plan Carson Harbor Village, Ltd. v. County of Los Angles et al., ___F.3d___ 04-55024 (9th Cir. Jan. 12, 2006) |
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January 2006: Ninth Circuit Upholds Nevada State Engineer’s Determination Under Orr Ditch Decree United States et al v. Truckee-Carson Irrigation District et al., ___F.3d___ CV-73-00003-LDG, Equity A-3 (9th Cir. Nov. 21, 2005) |
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January 2006: Ninth Circuit Affirms that EPA Engaged in Removal, Not Remedial Action, under CERCLA United States v. W.R. Grace & Co., ___F.3d___ 03-35924 (9th Cir. Dec. 1, 2005) |
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December 2005: Ninth Circuit Upholds Divestiture and Financial Penalties to Water System Operator for Violations of the Safe Drinking Water Actv United States v. Alisal Water Corp., ___F.3d___ 02-15907, 04-16210 (9th Cir. Oct. 13, 2005) |
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December 2005: Wetlands, Commerce and Jurisdiction: The Clean Water Act before the Supreme Court |
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December 2005: Ninth Circuit Rejects Klamath Irrigation Plan as Insufficient to Protect Salmon Pacific Coast Federation of Fishermen’s Associations v. U.S. Bureau of Reclamation, ___F.3d___ 03-16718 (9th Cir. Oct. 18, 2005) |
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November 2005: Ninth Circuit Holds Application of Pesticides to a River Does Not Require a NPDES Permit Fairhurst v. Hagener, ___ F.3d ___ 04-35366 (9th Cir. Sept. 8, 2005) |
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November 2005: Ninth Circuit Holds that NEPA Does Not Apply to Actions of the Tahoe Regional Planning Agency Glenbrook Homeowners Association v. Tahoe Regional Planning Agency, ___F.3d___ 03-17224, 03-15002, 04-17314, 03-17302, 03-15001 (9th Cir. Sept. 21, 2005) |
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October 2005: Ninth Circuit Reverses EPA Decision to Permit Arizona to Administer Federal Clean Water Act Permitting Program Defenders of Wildlife v. U.S. EPA, ___F.3d___ 03-71439 (9th Cir. Aug. 22, 2005) |
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October 2005: Federal Regulation of Land Use Permitting Decisions for Wireless Telecommunications Facilities |
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October 2005: Ninth Circuit Refuses to Overturn EPA’s Approval of California’s Central Valley Air Attainment Plan for Fine Particles—A 2010 Attainment Deadline Stays in Place Association of Irritated Residents v. U.S. EPA, ___F.3d 04-72650, 04-27236 (9th Cir. Sept.6, 2005) |
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September 2005: Ninth Circuit Affirms Summary Judgment for Defendants in Case Alleging Over-Abundance of Phosphorous in Lake Steilacoom Lake Improvement Club Inc. v. State of Washington, ___F.3d.___ 03-35888 (9th Cir. July 6, 2005) |
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August 2005: Pesticide Usage along California’s Waterways: Will the Ninth Circuit’s Decision to Protect Salmon also Preserve Water Quality? Washington Toxics Coalition v. U.S. Environmental Protection Agency, ___F.3d___ 04-35138 (9th Cir. June 29, 2005) |
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August 2005: U.S. Environmental Protection Agency Can Approve State Submitted TMDL after Already Adopting Federal TMDL City of Arcadia, et al. v. U.S. Environmental Protection Agency, ___F.3d___ 03-16309 (9th Cir. June 15, 2005) |
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August 2005: Ninth Circuit Holds that CERCLA Does Not Apply to Contamination at Former Military Bases in the Philippines Arc Ecology v. U.S. Department of the Air Force, ___ F.3d ___ 04-15031 (9th Cir. June 15, 2005) |
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July 2005: Endangered Species Act Suit Challenges FERC Operation of Hydropower Project on Feather River System California Sportfishing Protection Alliance v. Federal Energy Regulatory Commission 05-73064, filed May 18, 2005 (9th Cir.) |
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May 2005: The 75-Year Litigation over the Cushman Hydroelectric Project: Ninth Circuit Dismisses Skokomish Tribe’s Damages Claims against the United States and City of Tacoma Skokomish Indian Tribe v. United States, ___F.3d___ 01-35028 (9th Cir. March 9, 2005) |
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May 2005: Ninth Circuit Affirms District Court Order Compelling the Production of Responsive Privileged Documents Due to Failure to Timely Submit a Privilege Log Burlington Northern & Santa Fe Railway Company v. U.S. District Court for the District of Montana, ___F.3d___ 04-72134 (9th Cir. March 31, 2005) |
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April 2005: Ninth Circuit Affirms Judgment against Port in Negligence Per Se Claim Related to Environmental Cleanup The Port of Redwood City v. Gibson Envtl. Inc., ___F.3d___ 03-15662 (9th Cir. CFeb. 25, 2005) |
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January 2005: Ninth Circuit Finds the BLM’s Environmental Assessments of Timber Harvest Plans Failed to Adequately Consider Cumulative Impacts Klamath Siskiyou Wildlands Center v. U.S. Bureau of Land Management et al. 387 F.3d 989 (9th Cir. 2004) |
December 2004: Ninth Circuit Rules Whales Do Not Have Standing to Sue under the Federal Endangered Species Act Cetacean Community v. Bush, ___F.3d___ 03-15866 (9th Cir. Oct. 20, 2004) |
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November 2004: Ninth Circuit Sharpens the Regulatory Teeth of Critical Habitat at the Expense of Landowners and Proponents of Habitat Conservation Plans |
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November 2004: Ninth Circuit Finds Association of California Water Agencies Is Entitled to Attorneys’ Fees after Related ESA Litigation Renders ACWA’s Suit Moot Association of California Water Agencies v. Evans, ___F.3d___ 03-15380 (9th Cir. Sep. 24, 2004) |
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November 2004: Ninth Circuit Holds that Res Judicata Bars Litigation by Environmental Group when Same Claims and Interests Were Advanced by Previous Plaintiff Headwaters Inc. v. U.S. Forest Service, ___F.3d___ 01-35898 (9th Cir. Sept. 8, 2004) |
November 2004: Ninth Circuit Holds that Army Corps’ Record of Consultation and Statement of Decision for Dam Operation Is Not in Violation of the Administrative Procedures Act National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___ 0335235p (9th Cir. Oct. 4, 2004) |
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October 2004: Ninth Circuit Permits Squaw Valley Development to Proceed with Civil Rights Claims against Employees of the Regional Water Quality Control Board Squaw Valley Development Company, et al. v. Goldberg, et al. 375 F.3d 936 (9th Cir. 2004). |
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October 2004: Ninth Circuit Finds U.S. Army Corps of Engineers’ Clean Water Act Jurisdiction Could Encompass Entirety of Proposed Development Site Save Our Sonoran, Inc. v. U.S. Army Corps of Engineers, et al., ___F.3d___ 02-16156, 02-6263, 02-16355 (9th Cir. Aug. 26, 2004) |
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October 2004: Ninth Circuit Reverses Summary Judgment Decision on Trinity River Flows Westlands Water District v. U.S. Dept. of the Interior, Hoopa Valley Tribe, et al. 376 F.3d 853 (9th Cir. 2004) |
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October 2004: Ninth Circuit Reverses District Court’s Ruling that Ten Page Notice-of-Intent to Sue under the Clean Water Act Is Invalid WaterKeepers v. AG Industrial Mfg., Inc 375 F.3d 913 (9th Cir. 2004) |
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August 2004: Plan to Restore Flows in the Trinity River Survives Challenge, with Implications for Rivers and Streams Throughout the West Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004) |
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August 2004: Controversial Incidental Take Permit Is Issued Under Riverside County’s Huge Multi-Species Habitat Conservation Plan. |
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August 2004: Ninth Circuit Refuses to Let Judgment Creditor Intervene in Environmental Enforcement Action that May Impair the Creditor’s Ability to Collect United States v. Alisal Water Corporation, et al 370 F.3d 915 (9th Cir. 2004) |
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July 2004: Presence of Cross on Federally-Owned Land Violates Establishment Clause. Buono, et al. v. Norto, et al., ___F.3d___ 03-55032 (9th Cir. June 7, 2004). |
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July 2004: Ninth Circuit Upholds Spokane Ordinances Prohibiting Adult Stores from Opening Near Specified Land Use Categories. World Wide Video of Washington, Inc. v. City of Spokane,___F.3d___ 02-35936 (9th Cir. May 27, 2004). |
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June 2004: Ninth Circuit Clarifies Requirement of “Best Available Control Measures” and Extension of “Attainment Date” Under the Clean Air Act Vigil v. Leavitt, Case No. 02-72424 (9th Cir. May 10, 2004). |
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June 2004: Ninth Circuit Halts Implementation of the Merced Wild and Scenic River Comprehensive Management Plan Friends of Yosemite Valley v. Norton F.3d___, Case No. 04-15682 (9th Cir. Apr. 20, 2004). |
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June 2004: Ninth Circuit Holds That a Statute Which Caps the Amount of Rent That Oil Companies May Charge Dealers Constitutes a Regulatory Taking under the Fifth Amendment. Chevron USA, Inc. v. Bronster,363 F.3d 846 (9th Cir. 2004). |
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May 2004: Ninth Circuit Finds City’s Decision to Deny Christian College’s Request for Zoning Change Did Not Violate the First Amendment San Jose Christian College v. City of Morgan Hill ___ F.3d ___, Case No. 02-15693 (9th Cir. March 8, 2004). |
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May 2004: Ninth Circuit Holds that Plaintiff in a Contribution Suit under CERCLA Bears Burden of Proving Exclusion of Orphan Shares The Boeing Company v. North West Steel Rolling Mills, Inc. ___F.3d___, Case No. 97-35973 (9th Cir. March 17, 2004). |
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May 2004: Court of Appeals: Ninth Circuit Upholds San Francisco Transportation Agency’s Efforts to Increase Clean Air Act Ridership Goals Bayview Hunters Point Community Advocates v. Metropolitan Transportation Commission ___F.3d___, Case No. 02-17352 (9th Cir. April 6, 2004). |
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April 2004: The Ninth Circuit Upholds Preponderance of Evidence Standard and Rejects Broad Innocent Landowner Defense in CERCLA Action Western Properties Service Corp. v. Shell Oil Company et al. ___F.3d___, Case No. 01-55676 (9th Cir. Feb. 13, 2004). |
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April 2004: Disabled Person Seeking to Enforce Rights under the Fair Housing Amendments Act Need Not Have an Interest in Purchasing or Renting Property for Standing to Sue Smith v. Pacific Properties and Development Corporation ___ F.3d___, Case No. 03-15656 (9th Cir. Jan. 26, 2004). |
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April 2004: Federal: Ninth Circuit Requires NOAA Fisheries to Develop New Rule to Address Hatchery Fish in Endangered Species Act Listing Decisions Continued on next Alsea Valley Alliance v. Evans ___F.3d___, Case No. 01-36071 (9th Cir. Feb. 24, 2004). |
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April 2004: Ninth Circuit Holds that Cost Recovery under CERCLA Begins to Run with Adoption of Final Remedial Action Plan California v. Neville Chemical Company ___F.3d___, Case No. 02-56506 (9th Cir. Feb. 10, 2004). |
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April 2004: Ninth Circuit Upholds Federal Government’s Sovereign Immunity in Suit Challenging Reduction of Central Valley Project Water Orff, et al., v. United States, et al ___F.3d___, Case No. 0016922P (9th Cir. Feb. 18, 2004). |
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March 2004: Ninth Circuit Affirms Criminal Conviction under the Clean Water Act United States v. David Phillips ___F.3d___, No. 02- 30035, No. 02-30046 (9th Cir. Jan. 28, 2004). |
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March 2004: Ninth Circuit May Have Found Global Standing for Ozone Citizen Suits Covington v. Jefferson County, State of Idaho, District 7 Health Department ___F.3d___, Case No. 02-36000 (9th Cir. Feb. 5, 2004). |
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March 2004: Ninth Circuit Rules Mobile Home Park’s Regulatory Takings Claim Is Unripe Due to Failure to Exhaust State Court Remedies Carson Harbor Village, Ltd. v. City of Carson 353 F.3d 824 (9th Cir. 2004). |
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March 2004: 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 The Wilderness Society, et al. v. U.S. Fish and Wildlife Service ___ F.3d ___, Case No. 01-35266 (9th Cir. Dec. 30, 2003). |
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March 2004: Ninth Circuit Affirms Criminal Conviction under the Clean Water Act. United States v. David Phillips ___F.3d___, No. 02- 30035, No. 02-30046 (9th Cir. Jan. 28, 2004) |
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March 2004: Ninth Circuit Rejects Reclassification Entitling Land to Great Water Duty United States v. Clifford Matley Family Trust ___F.3d___, Case No. 01-15813 (9th Cir. Jan 20, 2004). |
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March 2004: Ninth Circuit Holds that Insurer of Underground Storage Tanks Cannot Rescind Policy Retroactively for Misrepresentations Zurich American Insurance Company v. Whittier Properties, Inc. ___F.3d___, Case No. 02-36101 (9th Cir. Jan. 29, 2004) |
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February 2004: Plain Language of Lease Vested Tenants with Right to Recover Proportionate Amount of Condemnation Award United States v. 1.377 Acres of Land, Josephson Management, et al. ___ F.3d ___, Case No. 02-56423 (9th Cir. Dec. 17, 2003). |
February 2004: Ninth Circuit Holds that Conservation Easement Claims Brought by City after a Civil Compromise Were Not Barred by Res Judicata City of Martinez v. Texaco Trading & Transportation, Inc. et al. ___F.3d___, Case No. 02-16436 (9th Cir. Dec. 24, 2003). |
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February 2004: Ninth Circuit Affirms Dismissal of Regulatory Takings Claim, Due to a Lack of Subject Mater Jurisdiction, in Rent Control “Premium” Case Hacienda Valley Mobile Estates v. City of Morgan Hill, et al. ___F.3d___, Case No. 02-15986 (9th Cir. Dec. 17, 2003). |
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January 2004: Ninth Circuit Finds U.S. Forest Service Violated the National Environmental Policy Act by Not Disclosing Responsible Scientific Opposition in Final EIS for Forest Management Plan Center for Biological Diversity, et al. v. U.S. Forest Service, et al. ___F.3d ___, (9th Cir. Nov. 18, 2003). |
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January 2004: Ninth Circuit Denies Appeal Challenging Decision of the U.S. Fish and Wildlife Service to Protect Endangered Species by Requiring Reduction In Water Use County of Okanogan; Early Winters Ditch Company et al. v. National Marine Fisheries; U.S. Fish and Wildlife Service et al. 347 F.3d 1081 (9th Cir. 2003). |
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January 2004: Ninth Circuit Holds that Nevada State Court Retains Jurisdiction over Water Rights Decree It Has Entered Pursuant to State Law State Engineer of Nevada v. South Fork Band of Te-Moak 339 F.3d 804 (9th Cir. 2003). |
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January 2004: Ninth Circuit Holds Environmental Consultant’s Documents Protected From Disclosure to Grand Jury Investigation under the Work Product Doctrine United States v. Torf ___ F.3d ____, Case Nos. 03- 30102, 03-30104, 03-30105, 03-30106, 03-30107 (9th Cir. Nov. 26, 2003). |
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January 2004: Ninth Circuit Reverses District Court Ruling Related to Implementation of the Star Fire Restoration Plan Earth Island Institute v. U.S. Forest Service ___F.3d___, Case No, 02-16999 (9th Cir. Dec. 11, 2003). |
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December 2003: Ninth Circuit Sets Aside Merced River Management Plan, May Result in Limited Access to Yosemite Park Friends of Yosemite Valley v. Norton, et al. ___F.3d___, Case No. 02-16037 (9th Cir. Oct. 27, 2003). |
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1 December 2003: Ninth Circuit Vacates EPA Order and Instructs Agency to Reclassify Imperial County under Clean Air Act Sierra Club v. U.S. Environmental Protection Agency 346 F.3d 955 (9th Cir. 2003). |
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December 2003: Ninth Circuit Requires Agency Review and Public Participation in the Issuance of Notices of Intent Pursuant to the CWA’s Phase II Stormwater Requirements Environmental Defense Center, Inc. v. U.S. Environmental Protection Agency , ___F.3d___, Case Nos. 00-70014, 00-70734 and 00-70822 (9th Cir. Sept. 15, 2003) |
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December 2003: The Ninth Circuits Asserts Jurisdiction over U.S. Department of Labor’s Whistleblower Decision Casey Ruud, Westinghouse Hanford Company v. U.S. Department of Labor, et al ___F.3d___, Case No. 02-71742 (9th Cir. Oct. 22, 2003). |
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December 2003: Ninth Circuit Rules that U.S. Environmental Protection Agency General Permit Option Violates Clean Water Act Environmental Defense Center, Inc. v. U.S. Environ-mental Protection Agency ___F.3d___, Case Nos. 00- 70014, 00-70734 and 00-70822 (9th Cir. Sept. 15, 2003). |
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November 2003: Ninth Circuit Holds the United States Need Not Get Approval from Landowner before Implementing a Conservation Plan on Land Subject to a Permanent Conservation Easement Big Meadows Grazing Ass’n v. United States ___F.3d___, Case No. 02- 35764 (9th Cir. Sept. 15, 2003). |
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November 2003: Ninth Circuit Concludes that CalFed’s Programmatic Environmental Analysis Is Ripe for Review Laub v. U.S. Dept of the Interior ___F.3d___, Case No. 02-15104 (9th Cir. Sept. 8, 2003). |
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November 2003: Ninth Circuit Upholds Oakland City Ordinances Aimed at Cleaning Up Area Hotels Hotel & Motel Ass’n of Oakland v. City of Oakland ___F.3d___, Case No. 02-15220 (9th Cir. Sept. 17, 2003). |
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November 2003: Irrigation Pumps to Submit to Stricter Air Pollution Regulations under U.S. Environmental Protection Agency Settlement with Environmental Groups |
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October 2003: Ninth Circuit Mandates Increased Compliance with Section 303(d) of Clean Water Act and Upholds Temporary Ban on New Permits until TMDLs Are Established Friends of the Wild Swan v. U.S. Environmental Protection Agency Case Nos. 00-36001, 00-36004, 00- 36013, unpublished opinion (9th Cir. July 25, 2003). |
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October 2003: Ninth Circuit Rejects Challenges to Actions—and Inactions—of the Pacific Northwest’s Bonneville Power Administration Confederated Tribes of the Umatilla Indian Reservation v. Bonneville Power Administration ___F.3d___, Case Nos. 01-71735, 01-71740 (9th Cir. Sept. 2, 2003). |
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October 2003: Ninth Circuit Holds that U.S. Bureau of Reclamation Should Deliver Central Valley Project Water According to Water Rights Set by California Law Westlands Water District., et al. v. United States, et al. 337 F.3d 1092 (9th Cir. 2003). |
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October 2003: Ninth Circuit Overturns U.S. Fish and Wildlife Service’s Designation of Arizona Pigmy Owls as Distinct Population Segment National Association of Home Builders v. Norton ___F.3d___, Case No. 02-15212 (9th Cir. Aug. 19, 2003). |
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October 2003: Water Rights Decisions in Washington’s Okanogan County Uphold Agency Decisions Reducing Diversions, Increasing Instream Flows County of Okanogan et al. v. National Marine Fisheries Service); Methow Valley Irrigation District v. State of Washington, Department of Ecology, Washington Pollution Control Hearings Board Case No 02-35512, Memorandum Opinion (9th Cir. Aug. 14, 2003); Case No. 02-071, (Aug. 20, 2003). |
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October 2003: Ninth Circuit Upholds Agencies’ Findings that a New Access Road to Timber Harvest Site Will Not Jeopardize or Significantly Impact Grizzly Bear Population Selkirk Conservation Alliance, et al. v. Forsgren, et al. 336 F.3d 944, Case No. 02-35635 (9th Cir. 2003). |
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September 2003: Ninth Circuit Refuses to Review Nevada Nevada’s Prevention of Significant Deterioration Program Reno-Sparks Indian Colony v. U.S. Environmental Protection Agency ___F.3d___, Case No. 02-71503 (9th Cir. July 16, 2003). |
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September 2003: EPA Wrongly Denied California’s Waiver Request to Federal Oxygenated Gas Standards by Not Evaluating Waiver’s Beneficial Effects on Particulate Matter. Gray Davis v. U.S. Environmental Protection Agency ___F.3d___, Case No. 01- 71356 (9th Cir. July 17, 2003). |
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August 2003: Ninth Circuit Enforces Waiver of Statute of Limitations Defense on Environmental Insurance Claims Union Oil Co. of Cal. v. Terrible Herbst, Inc. 331 F.3d 735 (9th Cir. 2003). |
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August/September 2003: Ninth Circuit Issues Memorandum of Decision— District Court Judge Responds Regarding Department of Interior Discretion to Determine Purposes for CVPIA Water Releases Bay Institute of San Francisco v. United States Case No. 02-16041, unpublished memorandum of decision (9th Cir. June 3, 2003). |
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August/September 2003: U.S. Supreme Court Denies Certiorari in Pronsolino—Section 303 of Clean Water Act Applies to Nonpoint Source Impaired Waters in Ninth Circuit Pronsolino, et al. v. Nastri, et al. ___F.3d___, Case Nos. 00-16026, 00- 16027 (9th Cir. May 31, 2002) cert. denied U.S. S.Ct. 123 S.Ct. 2573 (June 16 2003). |
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August 2003: Ninth Circuit Holds that U.S. Forest Service Must Affirmatively “Consider” Impacts to Rivers Eligible for Wild and Scenic Rivers Act Inclusion Center for Biological Diversity v. Veneman ___F.3d___, Case No. 02- 16201 (9th Cir. July 7, 2003). |
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July 2003: Ninth Circuit Holds California's Ban on MTBE Not Preempted under the Clean Air Act Oxygenated Fuels Association Inc. v. Davis ___F.3d ___, Case No. 01-17078 (9th Cir. June 4, 2003). |
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June 2003: Ninth Circuit Holds Discharge of Unaltered Groundwater Is "Pollution" within the Meaning of the Clean Water Act Northern Plains Resource Council v. Fidelity Exploration and Development Company, ___F.3d___, Case No. 0235836 (9th Cir. April 10, 2003). |
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June 2003: Ninth Circuit Upholds Denial of Attorney's Fees Award in RCRA Case, Finding that Catalyst Theory of Recovery Inufficient in Face of Supreme Court Decision Kasza v. Whitman/Frost v. Rumsfeld ___F.3d___, Case Nos. 00-16378, 00-16379 (9th Cir. April 14, 2003). |
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April 2003: Ninth Circuit Finds Res Judicata Bars Latest Lawsuit Related to 1987 Tahoe Regional Plan Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency ___ F.3d____, Case No. 00-16660 (9th Cir. Feb. 28, 2003). |
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April 2003: Ninth Circuit Reverses Summary Judgment for Landowner in Cost Recovery Case Based on Doubtful Circumstantial Evidence California v. Campbell ___F.3d___, Case No. 01-16397 (9th Cir. Feb. 14, 2003). |
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March 2003: Ninth Circuit Rejects Double Jeopardy Claim for Clean Air Act Enforcement United States v. Price 314 F.3d 417 (2002). |
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March 2003: Ninth Circuit Holds County Council Members Have No Individual Legislative Immunity under 42 U.S.C. Section 1983 in Their Denial of a Conditional Use Permit Laki Kaahumanu, v. County of Maui 315 F.3d 1215 (9th Cir. 2003). |
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March 2003: The Wandering Clean Water Act: Ninth Circuit Tackles Regulation of Stormwater Pollution from "Small" Dischargers Environmental Defense Center, Inc., et al. v. U.S. Environmental Protection Agency ___F.3d___, Consolidated Case Nos. 00-70014; 00-70734; 0070822 (9th Cir. Feb 14, 2003). |
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March 2003: New Regulations Permitting Mexican Motor Carriers to Travel Beyond the "Border Zone" Subject To NEPA, Clean Air Act Review Public Citizen v. Department of Transportation ___F.3d___, Case Nos. 0270986, 02-71249 (9th Cir. Jan. 16, 2003). |
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March 2003: Statute Providing Public With Recreational Access to Surface Waters Fails Due Process Constitutional Scrutiny Madison v. Graham ___F.3d___, Case No. 01-35145 (9th Cir. Dec. 23, 2002). |
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February 2003: Ninth Circuit Upholds FERC Issuance of Annual License Absent State Water Quality Certification California Trout, Inc. v. Federal Energy Regulatory Commission ___F.3d___, Case No. 01-70787 (9th Cir. Dec. 16, 2002) |
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February 2003: Suspension of Oil Leases Off California's Coast Subject to Review under the State's Coastal Zone Management Act - United States Failed to Comply with the National Environmental Policy Act State of California v. Norton 311 F.3d 1162 (9th Cir. Dec. 2, 2002). |
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January 2003: Tenth Circuit Finds Cleanup Action Brought against the U.S. under the Federal Tort Claims Act Is TimeBarred Plaza Speedway, Inc. v. United States ___F.3d___, Case No. 013186 (10th Cir. Nov. 27, 2002). |
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January 2003: Ninth Circuit Orders U.S. Forest Service to Obtain NPDES Permit and Perform Supplemental Environmental Impact Statement League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Forsgren 309 F.3d 1181 (9th Cir. Nov. 4, 2002). |
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January 2003: Ninth Circuit Finds CERCLA's Federal Statute of Limitations Period Preempts California's. O'Connor v. Boeing North America, Inc., ___F.3d___, Case No. 00-56141 (9th Cir. Nov. 27, 2002). |
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January 2003: Ninth Circuit Finds Intervention Untimely in Landfill Contamination Case California Department of Toxic Substances Control, et al v. Commercial Realty Projects, Inc., et al., 309 F.3d 1113 (9th Cir. Oct. 25, 2002). |
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January 2003: Ninth Circuit Rejects Claim that Statute Excluding Exxon Valdez Tanker from Prince William Sound Unconstitutional SeaRiver Maritime v. Mineta, 309 F.3d 662 (9th Cir. Oct. 31, 2002). |
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December 2002: Ninth Circuit Upholds Permanent Injunction Imposing Interim Conditions and Timetable for BLM to Comply with NEPA Prior to Issuing New Grazing Permits in Idaho Idaho Watersheds Project et al. v. Hahn et al. 307 F.3d 815 (9th Cir. Sept. 24, 2002). |
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December 2002: Developer Has No Right to "Takings" Compensation where Developer's Land Was Burdened Prior to Purchase by the Washington Public Trust Doctrine Esplenade Properties, LLC v. City of Seattle 307 F.3d 978 (9th Cir. Oct. 3, 2002) |
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December 2002: Ninth Circuit Breathes Life into ESA Section 7(d), Holding It Applies to Claims for Injunctive Relief Regarding Non-Jeopardizing Agency Action Taken after Initiation of Formal Consultation Southwest Center For Biological Diversity, et al. v. U.S. Forest Service, et al. 307 F.3d 964 (9th Cir. Oct. 2, 2002). |
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December 2002: Federal Court Jurisdiction of Citizen Suits under the Clean Air Act and Clean Water Act: Will the Ninth Circuit Ease the Path into Court for Citizen Plaintiffs? |
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December 2002: Ninth Circuit Finds Dismissal of CERCLA Claim against EPA Appropriate but Clean Water Act Claim against Corps of Engineers May Proceed Dierker, et al. v. Clarke, et al. ___F.3d___, Case No. 01-36016 (9th Cir. |
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December 2002: Ninth Circuit Finds Liability under the Clean Water Act May Survive the Sale San Francisco Bay Keeper, Inc. v. Tosco Corporation, Inc ___F.3d___, Case No. 01-1599 D.C. No. CV-000256-SI (9th Cir, Nov. 11, 2002) |
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November 2002: Court of Appeals: Ninth Circuit Certifies Questions Regarding Scope of Arranger Liability under State Law for Alaska Supreme Court Berg v. Popham, ___F.3d___ Case No. 01-35807 (9th Cir. Oct. 4, 2002) |
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November 2002: Ninth Circuit Finds the Threat of Environmental Harm May Confer Standing if the Harm Is "Sufficiently Concrete" Central Delta Water Agency v. United States ___F.3d___, Case No. 01-16172 (9th Cir. Sept. 26, 2002). |
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November 2002: Ninth Circuit Finds Indian Lands Held in Fee Simple Are Not Subject to County Regulations Absent Explicit Congressional Intent or Exceptional Circumstances Gobin v. Snohomish County ___F.3d___, Case No. 00-36031 (9th Cir. Sept. 18, 2002). |
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November 2002: Ninth Circuit Affirms Clean Water Act Citizen Suit against Dairy Operation Community Association for Restoration of the Environment v. Henry Bosma Dairy ___F.3d___, Case No. 01-35261(9th Cir. Sept. 16, 2002). |
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October 2002: Court of Appeals: In an Issue of First Impression, the Ninth Circuit Holds that Mussel Harvesting Byproducts Are Not "Pollutants" under the Clean Water Act Association to Protect Hammersley, Eld, and Totten Inlets v. Taylor Resources,Inc., ___F.3d___,Case No.00-35667 (9th Cir.Aug.6,2002). |
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October 2002: Ninth Circuit Affirms that the United States is Liable for Wartime Pollution in California Cadillac Fairview/California, Inc. v. Dow Chem. Co. ___F.3d___,Case No. 99-56641 (9th Cir.Aug.6,2002). |
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October 2002: Ninth Circuit Reconsiders Constitutionality of "Innovative" Municipal Ordinance Designed to Remedy Hazardous Waste Contamination Fund Insurance v. City of Lodi, ___F.3d___,Case No.99-15614/15802 (9th Cir.Aug.6,2002). |
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September 2002: Ninth Circuit Upholds EPA's Orders Invalidating Prevention of Significant Deterioration Permit Issued by State Agency State of Alaska, et al. v. United States Environmental Protection Agency ___F.3d___, Case Nos.00-70166,00-70169,00-70175 and 00-70301 (9th Cir.July 30,2002). |
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August 2002: Court of Appeals: Existing Public Sidewalks Must Be Made Accessible to Persons with Disabilities Barden v. City of Sacramento, ___F.3d___, Case No. 01-15744 (9th Cir. March 12, 2002). |
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July 2002: Federal Actions: Ninth Curcuit Denies Citizen Suit Contesting Renewal of NPDES Permit ONRC Action v. Columbia Plywood Inc. 286 F.3d 1137 (9th Cir. 2002). |
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July 2002: Ninth Circuit Finds that Army Corps of Engineers Acted within the Confines of NEPA in Not Preparing an EIS in Connection with Oregon Reservoir Tillamook County v. U.S. Army Corps. of Engineers 288 F.3d 1140, (9th Cir. 2002) |
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July 2002: Ninth Circuit Denies Request for an Emergency Request to Bar Mexican Trucks on U.S. Highways. Public Citizen, et al. v. Department of Transportation ___F.3d___, Case Nos. 02-70986, 02-71249 (9th Cir., May 2, 2002); related to Public Citizen, et al. v. Department of Transportation, ___F.Supp.2d___, Case No. CV-02-2115 (N. D. Cal. May 2, 2002) |
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July 2002: TMDL Regulations Apply to All National Waters: Even if Only Affected by Nonpoint Source Pollution Pronsolino, et al. v. Nastri, et al ___F.3d___, Case No. 00-16026, No. 0016027 (9th Cir. May 31, 2002). |
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June 2002: Ninth Circuit Denies Citizen Suit Contesting Renewal of NPDES Permit ONRC Action v. Columbia Plywood Inc. 286 F.3d 1137 (9th Cir. 2002). |
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June 2002: Ninth Circuit Finds that EPA Had No Duty to Establish Total Maximum Daily Loads for the State of California San Francisco Baykeeper v. Whitman, ___F.3d___ Case No. 01-16111 (April 15, 2002, amended May 3, 2002). |
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May 2002: Ninth Circuit Finds Federal Taking Claim Barred where Claimant Had Knowledge of Already-accomplished Physical Taking Daniel, et al v. County of Santa Barbara, et al. 282 F.3d 1196 (9th Cir. March 12, 2002). |
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May 2002: Ninth Circuit Orders BLM, Pursuant to NEPA, to Take a Harder Look at the Impacts of Fungus on the Port Orford Cedar Kern et al. v. United States Bureau of Land Management et al. ___F.3d___, Case No. 99-35254 (9th Cir. March 22, 2002). |
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March 2002: Ninth Circuit Rules that State Action, for Purposes of Section-1983 Liability, Includes a Private Corporation Acting in a Traditional Public Function Lee v. Katz 276 F.3d 550 (9th Cir. 2002) |
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March 2002: Ninth Circuit Limits Class of Individuals Subject to Criminal Penalties for Failure to Remove Asbestos According to Clean Air Act Regulations United States v. Thomas Pearson 274 F.3d 1225 (9th Cir.Dec.18,2001) |
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January 2002: Ninth Circuit Holds that Federal Government Retains RCRA Criminal Enforcement Authority in States with Delegated Programs United States v. Elias ___F.3d___, Case No. 00-30145 (9th Cir. Oct. 23, 2001) |
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Janurary 2002: Ninth Circuit Reverses $5 Billion Punitive Damages Verdict Arising from Exxon Valdez Oil Spill In Re: The Exxon Valdez, ___F.3d___, Case No. 97-35191 (9th Cir. Nov. 7, 2001). |
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December 2001: Ninth Circuit Finds "Shall" Means "May" - EPA Decisions Regarding Enforcement Action under the Clean Water Act Are Discretionary Decisions Not Subject to Judicial Review Sierra Club, et al. v. Whitman, et al. ___F.3d___, Case No. 00-16895 (9th Cir. Oct. 2, 2001). |
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December 2001: Ninth Circuit Upholds Environmental Impact Statement for Gas and Oil Drilling Project Off the North Coast of Alaska Edwardsen v. United States Department of the Interior ___F.3d___, Case No. 99-71397 (9th Cir. Sept. 26, 2001). |
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December 2002: Ninth Circuit Holds Third Party Assertion of Property Interest on Behalf of United States Is Sufficient to Satisfy Jurisdictional Requirement under Federal Quiet Title Act Lesnoi Inc. v. United States ___F.3d___, Case No. 00-35746 (9th Cir. Sept. 24, 2001). |
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December 2001: Ninth Circuit Holds that Insurer Has No Duty to Defend Insured in a Nuisance Action Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products, Inc. ___F.3d___, Case No. 00-35621 (9th Cir. Oct. 5, 2001). |
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December 2001: Ninth Circuit Holds Federal District Court Proper Forum for Adjudication of Nuclear Waste Policy Act Preemption Issue United States v. Morros ___ F.3d ___, Case No. 0017330 (9th Cir. Oct. 15, 2001). |
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November 2001: Court of Appeals: Ninth Circuit Rejects EPA's Interpretation of Clean Air Act § 110(l). Hall v. United States Environmental Protection Agency ___F.3d___ Case No. 9970853 (9th Cir. Aug. 29, 2001). |
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November 2001: Ninth Circuit Finds Plaintiff Met Standing Requirements to Assert NEPA Claim; Examines Plaintiff's Cumulative Impact Arguments under NEPA Hall v. Norton ___F.3d___, Case No. 99-16153 (9th Cir. Sept. 12, 2001). |
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November 2001: FEDERAL/ARIZONA: Ninth Circuit Finds "Shall" Means "May" - EPA Decisions Regarding Enforcement Action under the Clean Water Act Are Discretionary Decisions Not Subject to Judicial Review. Sierra Club, et al. v. Whitman, et al. ___F.3d___, Case No. 00-16895 (9th Cir. Oct. 2, 2001). |
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November 2001: Ninth Circuit Finds San Diego's Sale of Property, Containing a 43-foot High Cross, Did Not Violate the No Preference Clause of the California Constitution. Paulson v. City of San Diego, 262 F.3d 885 (9th Cir. 2001). |
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October 2001: 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 Defenders of Wildlife et al. v. Norton et al. 42 258 F.3d 1136 (9th Cir. July 31, 2001). |
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October 2001: Budget Cut Threats Have Not Drowned the Reach of the Clean Water Act Borden Ranch Partnership v. U.S. Army Corps of Engineers and U.S. Environmental Protection Agency, ___F.3d___, Case No. 00-15700 (9th Cir, Aug. 15, 2001). |
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July 2001: Federal/Orego: Ninth Circuit Holds that Biological Opinions by the National Marine Fisheries Service Are Inadequate Pacific Coast Federation of Fishermen’s Associations, Inc. v. National Marine Fisheries Service ___F.3d.___,99-36027,36195 (9th Cir. May 31, 2001) |
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June 2001: State Water Resources Control Board Issues Model Cleanup and Abatement Order in Response to "Talent Decision" |
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June 2001: Ninth Circuit Sets Aside City Ordinances Regulating Telecommunication Companies Finding Preemption under the Telecommunications Act of 1996 City Of Auburn Et Al. V. Qwest Corporation, ____ F.3d ____, (9th Cir. April 24, 2001). |
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May 2001: Ninth Circuit Holds Irrigation District Must Obtain NPDES Permit for Weed Control Activities in Canal Headwaters, Inc. v. Talent Irrigation District ___F.3d___,Case No.99-35373 (9th Cir., March 12, 2001) |
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May 2001: Ninth Circuit Holds that It Lacks Original or Exclusive Jurisdiction over Challenge to Radioactive Waste Disposal Practices at Federal Defense Facilities Natural Resources Defense Council, Inc. v. Abraham ___F.3d___,Case No.00-700-15 (9th Cir. March 28, 2001). |
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May 2001: Ninth Circuit Upholds Phoenix Federal Implementation Plan Exempting De Minimis PM-10 Sources Ober v. Whitman ___F.3d___,Case No.98-71158 (9th Cir. Mar. 23, 2001) |
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May 2001: Birdwatcher Group has Standing to Challenge the Adequacy of the Navys Environmental Impact Statement Under NEPA, but not Standing to Bring State Law Claims in Federal Court Cantrell et.al. v. City of Long Beach and California State Lands Commission, ___F.3d___, Case No. 98-56940; CV-98-04835 (9th Cir. Feb. 5, 2001). |
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April 2001: Ninth Circuit Approves Exxon's Recovery of Portion of Punitive Award through Assignment Clause in Settlements Exxon Valdez (Baker v. Exxon Corp.) ___F.3d___, No. 99-35898 (9th Cir. Feb. 8, 2001) |
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April 2001: Federal/Oregon: Court Holds Irrigation District Must Obtain NPDES Permit for Weed Control Activities in Canal Headwaters, Inc. v. Talent Irrigation District ___F.3d___, 2000 WL 33224806,2001 U.S.App.LEXIS 3718 (9th Cir. March 12, 2001) |
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February 2001: Historic Property Owners Have Standing to Enforce Terms of MOA for Federally Funded Housing Project Against San Francisco, but not Against HUD or the Project Developers Tyler v. Cuomo ___F.3d___,2000 WL 1838967 (9th Cir. Dec. 15, 2000) |
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February 2001: Ninth Circuit Affirms Citizen Suit by Environmental Group and Orders Defendant Shipyard to Correct Clean Water Act Violations Natural Resources Defense Council v. Southwest Marine, Inc. ___F.3d___,No.99-56532 (9th Cir. Dec. 19, 2000) |
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January 2001: Court Holds Environmental Organizations’ Allegations of Members’ Actual Use of Waterway and Impairment of Aesthetic or Recreational Interest Sufficient to Confer Standing Under CWA Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co, 230 F.3d 1141 (9th Cir. Oct.30, 2000). |
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January 2001: Ninth Circuit Sets Aside BLM Decision to Exchange Lands to Accommodate Construction of the Mesquite Regional Landfill, Finding that BLM Undervalued the Land Exchanged Desert Citizens Against Pollution v. Bisson ___F3d.___,00 C.D.O.S.8896 (9th Cir. Nov. 6, 2000) Locations) |
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January 2001: Environmental Organization Members’ Use of Waterway Sufficient to Confer Standing on Behalf of Members under Clean Water Act Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (9th Cir. Oct.30, 2000) |
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January 2001: Environmental Organization Members Use of Waterway Sufficient to Confer Standing on Behalf of Members under Clean Water Act Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (9th Cir. Oct.30, 2000) |
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January 2001: Court Holds Environmental Organizations’ Allegations of Members’ Actual Use of Waterway and Impairment of Aesthetic or Recreational Interest Sufficient to Confer Standing Under CWA Citizen Suit Provisions Ecological Rights Foundation v. Pacific Lumber Co, 230 F.3d 1141 (9th Cir. Oct.30, 2000). |
