Justia Environmental Law Opinion Summaries

A nonprofit organization brought an action under California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65), alleging that a business’s tortilla products exposed consumers to acrylamide, a known carcinogen, without providing the required warnings. Before filing suit, the nonprofit sent the business and the California Attorney General a 60-day notice of violation, as required by Proposition 65. The notice identified the parties, the chemical, the product, and the exposure route, and included a certificate of merit and a summary of Proposition 65 (Appendix A), though it provided contact information for the nonprofit’s retained counsel rather than an individual within the nonprofit, and attached an outdated version of Appendix A.The Superior Court of San Diego County heard the business’s motion for judgment on the pleadings. The business argued that strict compliance with the notice requirements was necessary, and that the nonprofit’s notice was deficient because it did not provide contact information for a responsible individual within the entity and included an outdated summary of Proposition 65. The trial court agreed, finding both deficiencies were fatal and granted the business’s motion, dismissing the action.The California Court of Appeal, Fourth Appellate District, Division One, reviewed the dismissal. The appellate court held that the relevant regulation (section 25903) should be interpreted as directory rather than mandatory, meaning substantial compliance—rather than strict compliance—with the notice requirements is sufficient. The court determined that providing counsel’s contact information and an earlier version of Appendix A did not defeat the essential purposes of the notice requirement and that the nonprofit’s notice substantially complied. The Court of Appeal reversed the trial court’s dismissal and remanded the case with directions to deny the business’s motion for judgment on the pleadings. View "Environmental Health Advocates, Inc. v. Pancho Villa's, Inc." on Justia Law

The Bureau of Land Management (BLM) issued four ten-year plans authorizing the gathering and removal of wild horses from public lands in specific areas to achieve and maintain population levels within approved management ranges. Friends of Animals challenged these plans, arguing that they allowed indefinite removals without specific findings of overpopulation, failed to rely on current information, and did not include proper consultation, contrary to requirements under the Wild Free-Roaming Horses and Burros Act. The BLM responded that the Act permitted multiple removal operations over a period of years within a single plan.The United States District Court for the District of Columbia reviewed the case. The court held that the ten-year plans were unlawful to the extent they permitted additional gathers after achieving the approved management levels, and vacated those portions of the plans. The court also held that future removal operations must be based on current information and proper consultation, and must be conducted promptly, as required by the Act. The court remanded the matter to BLM to revise the plans and clarify which future gathers would require further process before proceeding. Notably, the court did not resolve the parties’ principal disputes, leaving them to be addressed on remand.The United States Court of Appeals for the District of Columbia Circuit reviewed the appeal brought by Friends of Animals. The appellate court determined that the District Court’s remand order was not a final decision under 28 U.S.C. § 1291 because it left the core dispute unresolved for further proceedings. As a result, the appellate court held that it lacked jurisdiction to review the case and dismissed the appeal. The disposition was a dismissal for lack of subject-matter jurisdiction. View "Friends of Animals v. United States Bureau of Land Management" on Justia Law

Soscia Holdings, LLC operated the Flat River Reservoir Dam in Rhode Island. In July 2022, the Rhode Island Department of Environmental Management (DEM), acting under state law, ordered Soscia to reduce the Dam’s water flow to maintain specific water levels in Johnson’s Pond. Soscia was later assessed monetary penalties by DEM for alleged violations of the permitting statute. During these proceedings, the Town of Coventry condemned the Dam and Johnson’s Pond, paying Soscia just compensation for the property.The case was first reviewed by the United States District Court for the District of Rhode Island. This court dismissed all claims against the State of Rhode Island and DEM based on Eleventh Amendment immunity. The court also dismissed the § 1983 individual capacity claims against two DEM officials on the grounds of qualified immunity, and rejected Soscia’s claim under the Rhode Island Constitution. However, the court allowed § 1983 official capacity claims for prospective injunctive relief against the DEM officials to proceed. After Soscia amended its complaint, the district court ultimately dismissed the remaining federal constitutional claims and declined to exercise jurisdiction over the remaining state law claims.The United States Court of Appeals for the First Circuit reviewed the appeal. Soscia argued that it continued to face ongoing enforcement actions and monetary penalties, and thus maintained a property interest and the right to seek injunctive and declaratory relief. The First Circuit found that the district court’s opinions thoroughly and correctly explained why Soscia’s federal claims failed to state a plausible claim for relief, and that new arguments raised on appeal were either waived or did not meet the standard for plain error review. The First Circuit affirmed the judgment of the district court. View "Soscia Holdings, LLC v. Rhode Island" on Justia Law

Christopher Carroll and Whiskey Dix Big Truck Repair, LLC (“WDBTR”) were charged with multiple offenses after Carroll, with an associate, falsely represented the use of Paycheck Protection Program (PPP) funds, which were instead used for personal expenses and to start WDBTR. Additional charges included tampering with Clean Air Act (CAA) monitoring devices on company trucks and witness tampering related to efforts to impede the investigation. Carroll’s prior parole status was relevant to the government’s allegation that he concealed this on the PPP application by omitting his name and submitting the application in his wife’s name.A United States Magistrate Judge recommended denying the defendants’ motion to dismiss the indictment, which argued that the grand jury had been improperly instructed to use a probable cause standard and that a higher standard should apply. The United States District Court for the Eastern District of Missouri adopted this recommendation, referencing Supreme Court precedent affirming probable cause as the standard for grand jury indictments. The district court also denied Carroll’s motion to exclude evidence of his prior conviction and parole status, determining it was relevant to Carroll’s intent to defraud and not unduly prejudicial. After trial, Carroll was convicted on multiple fraud, CAA, and witness tampering counts, and WDBTR was convicted on CAA charges.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed and affirmed the district court’s rulings. It held that the probable cause standard governs grand jury indictments, consistent with longstanding Supreme Court precedent. The court also found that the district court did not abuse its discretion in admitting evidence of Carroll’s parole status, as it was probative of intent and any error would have been harmless given the strength of the government’s case. The convictions and sentences were affirmed. View "United States v. Carroll" on Justia Law

Several parties in Broadwater County, Montana, hold water rights to Beaver Creek based on a 1906 decree. In 1973, a major owner of these rights, Olive McMaster, transferred portions of her interest to others, including the predecessors of CX Ranch, Baum, and Riis. That conveyance imposed specific conditions for water distribution in times of shortage. Years later, disputes arose over changes to the period of use for some of these water rights and whether historical restrictions still governed distribution. In 2018, the parties reached a stipulation that added remarks about the 1973 restrictions to the official records for certain water rights. These remarks were incorporated into a 2018 Water Court order and, subsequently, into a 2022 Preliminary Decree for Basin 41I.During the 2024 irrigation season, the court-appointed Water Commissioner reduced water allocations pro rata among all rights holders due to low water levels and altered the method of delivery to facilitate Riis’ usage downstream. The Hoeffners, who own Pole Creek Ranch and Staubach Creek Ranch, objected to this administration, arguing that their rights were not subject to the 1973 restrictions and that the Water Commissioner’s practices were inconsistent with the applicable decree. The District Court denied their complaint, finding that only parties to the 1973 conveyance could enforce its terms, that the Hoeffners lacked standing, and that pro rata reduction and the delivery method used were permissible.The Supreme Court of the State of Montana reversed the District Court’s decision. It held that the Water Commissioner was required to administer water rights in accordance with the 2022 Preliminary Decree for Basin 41I, which incorporated the 2018 Water Court order and its adjudicated terms, including the distribution remarks. The District Court erred by not first determining whether the Water Commissioner’s practices conformed with the decree. The case was remanded for further proceedings consistent with a decree-first analysis. View "In re Petition for Water Commissioner" on Justia Law

A local government prepared and certified a program-level Environmental Impact Report (EIR) as part of a comprehensive update to its general plan, including an updated housing element. The housing element identified 17 sites, including Site H, to accommodate the town’s projected regional housing needs. Site H was proposed to be rezoned for very high density residential use, increasing its development capacity. No specific housing project had been proposed for Site H or the other sites at the time of the general plan update.The Committee for Tiburon LLC filed a petition for a writ of mandate in Marin County Superior Court, challenging the adequacy of the EIR. The Committee argued the EIR was deficient under the California Environmental Quality Act (CEQA) because it failed to include a site-specific analysis of environmental impacts related to the potential high-density development of Site H. The petition also alleged the Town’s general plan was internally inconsistent and incompatible, and objected to the rezoning of Site H. The trial court agreed with the Committee and granted the petition, finding the EIR should have included a site-specific analysis for Site H.On appeal, the California Court of Appeal, First Appellate District, Division Three, reviewed the case. The court held that when a local government updates its general plan and housing element, and no specific project is proposed for a listed site, CEQA does not require the EIR to include a site-specific environmental analysis for that site. The absence of project-specific details makes such analysis infeasible, and site-specific review can be deferred until a project is proposed. The court reversed the trial court’s judgment granting the writ, and remanded the matter for further proceedings on the issues of CEQA exemption for rezoning and general plan consistency. View "The Committee for Tiburon LLC v. Town of Tiburon" on Justia Law

After a ranch was divided into two parcels, the owners of each parcel continued to share irrigation ditches and granted each other easements for water conveyance. In recent years, cooperation between the parties deteriorated, leading to disputes over water usage. The plaintiffs, who own one parcel, alleged that the defendant, owner of the other parcel, had diverted more water than entitled, causing excess runoff and flooding on their land. The plaintiffs claimed violations of Colorado statutes relating to waste of water, sought declaratory and injunctive relief, and asserted trespass and nuisance claims. The parties also disputed the scope of the plaintiffs' easement in one of the ditches.The District Court for Water Division 5 found in favor of the plaintiffs on their statutory, trespass, and nuisance claims, concluding that the defendant had diverted excess water, wasted water in violation of statutes, and caused flooding. The court awarded nominal damages, attorney fees under section 37-84-125, and issued an injunction restricting the defendant's ability to divert water in excess of its decreed rights. The court also recognized plaintiffs' easement rights but declined to specify the extent of the easement in the Lower Gaskill Ditch, since that issue was not properly raised at trial.On appeal, the Supreme Court of Colorado held that the plaintiffs lacked standing to bring a claim for a declaration of waste, that section 37-84-108 does not create a private right of action, and that sections 37-84-124 and -125 do not apply to injuries from excess irrigation runoff or flooding. The court ruled the water court lacked ancillary jurisdiction over the related trespass and nuisance claims and that the injunction must be vacated. The court affirmed the water court's refusal to address the scope of the Lower Gaskill Ditch easement, reversed the judgment on all waste, flooding, trespass, nuisance, and related injunctive claims, and remanded with instructions to dismiss those claims. View "Byers Peak Properties v. Byers Peak Land & Cattle, LLC" on Justia Law

A nonprofit coalition and two individuals challenged a county commission’s conditional approval for the development of a large seasonal RV park on a 21-acre lot in a rural area that had previously been designated for such use in a larger subdivision plan. The proposed site was adjacent to other commercial activity and near two lakes, but had no on-site surface water. The applicants submitted an environmental assessment (EA), which included groundwater well data and described wildlife in the area. The application process included public hearings, during which concerns were raised about groundwater impacts, wildlife, public safety, and increased recreational use.Following the submission of the application, the Lincoln County Planning Department recommended approval, and the Board of County Commissioners held public hearings, received additional agency comments, and ultimately granted conditional preliminary plat approval, requiring, among other conditions, state environmental review and approval of the water and sewer systems. The plaintiffs filed suit in the Montana Nineteenth Judicial District Court, claiming the County’s approval was unlawful for not complying with statutory requirements for environmental review, consideration of probable impacts, and consistency with local plans. The District Court granted summary judgment for the County and intervenors, finding compliance with applicable statutes and plans.On appeal, the Supreme Court of the State of Montana reviewed whether the EA met statutory requirements, whether the County considered specific, documentable, and clearly defined impacts as required by law, and whether the subdivision was consistent with the local neighborhood plan and growth policy. The Supreme Court held that the EA satisfied statutory requirements by providing all available information; the County properly considered impacts using the required legal standard; and the County’s decision was consistent with the relevant policies and not arbitrary or capricious. The Supreme Court affirmed the District Court’s grant of summary judgment. View "Thompson Chain of Lakes Stewardship Coalition v. Lincoln County" on Justia Law

Twenty-three landowners brought suit against Gold Bess Shooting Club, LLC and Caulder Construction, LLC, alleging nuisance due to noise, environmental, and safety concerns from a shooting range established on Caulder’s property in Woodstock, New Hampshire. Gold Bess registered as an LLC and leased land from Caulder, constructing the range and opening it to the public in October 2020. Prior to its opening, the New Hampshire Department of Environmental Services notified the defendants of alleged violations of state wetlands and terrain alteration statutes. The plaintiffs amended their complaint to add noise-related nuisance claims after Woodstock enacted a noise ordinance in April 2021.The Grafton County Superior Court granted summary judgment to the defendants on the plaintiffs’ noise-related nuisance claims, finding the shooting range immune under RSA 159-B:1 and RSA 159-B:2, which provide protection from civil liability related to noise for shooting ranges compliant with noise ordinances in effect when the range was established, constructed, or began operations. The court denied plaintiffs’ motion for partial summary judgment and rejected their argument that alleged environmental law violations precluded immunity under RSA chapter 159-B. The court also granted summary judgment for the defendants on constitutional equal protection claims, and subsequently allowed the plaintiffs to voluntarily discontinue their remaining claims.The Supreme Court of New Hampshire reviewed the statutory interpretation of RSA 159-B:1 and RSA 159-B:2 de novo. It held that these statutes require compliance only with noise ordinances, not with other laws such as wetlands or terrain alteration statutes. The court further determined that the shooting range “began operations” prior to the enactment of Woodstock’s noise ordinance, thereby qualifying for immunity from noise-related legal claims under the statutes. The Supreme Court affirmed the Superior Court’s grant of summary judgment in favor of the defendants. View "Martell v. Gold Bess Shooting Club, LLC" on Justia Law

Texas LNG, a company seeking to construct a liquid natural gas terminal in Brownsville, Texas, received a permit from the Texas Commission on Environmental Quality (TCEQ) to build its facility. The company faced delays due to litigation and the COVID-19 pandemic, resulting in three successive extensions of its construction deadline granted by TCEQ’s executive director. The South Texas Environmental Justice Network (STEJN), an environmental advocacy group, moved to overturn the third extension, arguing that Texas LNG did not meet the requirements under Texas law to receive it and that the executive director lacked authority to grant the extension.Prior to the current appeal, both federal and state agencies reviewed Texas LNG’s permit. The Federal Energy Regulatory Commission (FERC) and TCEQ initially granted the necessary permits, but subsequent legal challenges led to a remand by the D.C. Circuit to FERC (which ultimately reaffirmed the permit) and a dismissal by the Third Court of Appeals in Austin for lack of subject-matter jurisdiction regarding the TCEQ permit. TCEQ’s Office of Public Interest recommended granting the motion to overturn on the basis of updated air quality standards, but TCEQ did not issue a decision, resulting in a denial of STEJN’s motion by operation of law.The United States Court of Appeals for the Fifth Circuit reviewed STEJN’s direct petition for review of TCEQ’s denial. Applying de novo review under the Texas Administrative Procedure Act, the Fifth Circuit held that STEJN had standing but found that TCEQ’s executive director had the authority under section 116.120 of the Texas Administrative Code to grant the third extension. The court determined that Texas LNG met the regulatory requirements for a third extension, and substantial evidence supported TCEQ’s decision. Therefore, the Fifth Circuit denied STEJN’s petition for review. View "S Texas Environmental Justice v. Commission on Environmental Quality" on Justia Law