Justia Environmental Law Opinion Summaries

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

The case concerns the approval of the Giovannioni Logistics Center Project, a large warehouse development in the City of American Canyon, California. The project requires American Canyon to certify an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA), specifically addressing water supply issues since the city relies on outside sources, including water purchased from the neighboring City of Vallejo under a longstanding agreement. Vallejo’s water comes from the State Water Project and its own appropriative water right (License 7848). Vallejo objected to the EIR, asserting that it did not adequately disclose limitations on water availability, including place of use restrictions on License 7848 and ongoing contract litigation between the cities.Vallejo filed a petition for writ of mandate in Napa County Superior Court, later transferred to Sacramento Superior Court, contending that the EIR failed to meet CEQA and Water Code requirements regarding water supply disclosures and contingency planning. The trial court reviewed Vallejo’s arguments, which included claims that the EIR did not account for actual water delivered, failed to assess legal restrictions on water use, neglected the implications of curtailments during drought, and ignored the impact of contract disputes. After argument, the trial court denied Vallejo’s petition and entered judgment for American Canyon and the project developer, Buzz Oates LLC.The California Court of Appeal, Third Appellate District, affirmed the trial court’s judgment. It held that the EIR and water supply assessment complied with CEQA and the Water Code. The court found that the EIR provided sufficient detail about water supply sources and reliability, reasonably addressed foreseeable uncertainties, and did not require more specific disclosures or contingency planning absent evidence of insufficient supply. The court also concluded that any technical omissions were harmless and that Vallejo failed to demonstrate prejudice or a legal deficiency in the environmental review process. View "City of Vallejo v. City of American Canyon" on Justia Law

The plaintiffs owned property in Cumberland, Rhode Island, adjacent to land operated as an automotive recycling facility by the defendants. They alleged that environmental contamination from the facility affected their property. The litigation began in 2006, and after years of procedural developments, the first jury trial in 2012 resulted in a judgment for the plaintiffs. However, the Rhode Island Supreme Court later found that the trial justice had erroneously excluded expert testimony and ordered a new trial.A second jury trial was held in 2020 in the Rhode Island Superior Court. During this trial, plaintiffs’ counsel objected to statements made by defense counsel in his opening, arguing that certain factual assertions were inaccurate. Plaintiffs also objected to the testimony of defense witness Karen Beck, claiming her expert opinion should not include references to a report she had not relied on when forming her initial conclusions. The trial justice issued a curative instruction addressing the opening statement objections and limited Beck’s testimony to certain aspects of the disputed report. The jury returned a verdict for defendants, except for a $10,000 punitive damages award against one defendant, which was later vacated by amended judgment. Plaintiffs appealed, and subsequent procedural delays occurred regarding the transmission of the appellate record.On appeal, the Supreme Court of Rhode Island addressed whether the plaintiffs’ appeal should be dismissed for procedural delay and whether the trial justice erred regarding the curative instruction and Beck’s testimony. The court held that dismissal was unwarranted since plaintiffs timely ordered transcripts and took reasonable steps regarding the record. The court further held that plaintiffs had waived their objection to the curative instruction by failing to object at trial, and that the limitations placed on Beck’s testimony did not constitute an abuse of discretion. The amended judgment of the Superior Court was affirmed. View "Paolino v. Ferreira" on Justia Law

The case centers on the United States Bureau of Land Management’s decision to approve a contract with JS Livestock for a new off-range corral on private land near Winnemucca, Nevada, intended to house and care for up to 4,000 wild horses and burros removed from public lands. Friends of Animals, an advocacy group, challenged this decision, arguing that the Bureau’s actions violated both the Wild Free-Roaming Horses and Burros Act and the National Environmental Policy Act. The group raised concerns about the adequacy of animal welfare protections and environmental impacts, including the facility’s design, animal density, disease management, and mitigation of adverse effects on soil and groundwater.Prior to this appeal, the United States District Court for the District of Nevada reviewed cross-motions for summary judgment. The district court found no statutory violations, holding that the Bureau had complied with both the Wild Horses Act and NEPA. Specifically, the court determined that the Bureau’s reliance on its established animal welfare standards and contract requirements was reasonable and that the environmental assessment sufficiently considered the project’s impacts as required by law. The court granted summary judgment in favor of the Bureau and denied Friends of Animals’ motion.The United States Court of Appeals for the Ninth Circuit reviewed the district court’s decision de novo. The appellate court affirmed the lower court’s ruling, holding that Friends of Animals had representational standing to bring the case. The court found that the Bureau did not abuse its discretion or act contrary to law: it properly ensured humane treatment of the animals, took a “hard look” at environmental impacts as required by NEPA, reasonably relied on compliance with state permits, considered appropriate project alternatives, and adequately explained why the facility’s impacts would not be significant. The summary judgment for the Bureau was affirmed. View "FRIENDS OF ANIMALS V. BURGUM" on Justia Law

Plaintiffs, comprised of several California cities and counties, initiated legal action against Citgo Petroleum Corporation and other fossil fuel companies, alleging that their purchase, distribution, and sale of fossil fuel products in California contributed to climate-related harms within the state. The plaintiffs asserted that Citgo and others participated in extensive business operations involving fossil fuels in California from the 1980s to the mid-2000s. They claimed the defendants knew about the environmental dangers posed by fossil fuels but failed to warn the public, instead allegedly engaging in deceptive marketing and disinformation campaigns to obscure climate-related risks.After identical complaints were filed against all defendants, Citgo moved to quash service of summons, arguing lack of personal jurisdiction. Citgo maintained its activities in California were too limited and lacked sufficient connection to the alleged injuries. The Superior Court of San Francisco granted Citgo’s motion, finding that Citgo’s contacts with California did not satisfy the “relatedness” requirement for specific jurisdiction, as there was insufficient evidence of deceptive conduct directed at California. The court denied similar motions by other defendants, concluding that their broader contacts with California supported jurisdiction.Reviewing the case de novo, the California Court of Appeal, First Appellate District, Division Three, determined that specific personal jurisdiction over Citgo was proper. The court held that Citgo’s direct involvement in the distribution and sale of branded gasoline in California, without providing warnings about climate risks, sufficiently related to plaintiffs’ claims. The court further found that exercising jurisdiction would be fair and reasonable given California’s significant interest in redressing local climate harms. The order granting Citgo’s motion to quash was reversed, with instructions to deny the motion, allowing the case to proceed against Citgo in California. View "In re Fuel Industry Climate Cases" on Justia Law

A group of cities holding junior ground water rights in the Eastern Snake Plain Aquifer sought judicial review of a final order issued by the Director of the Idaho Department of Water Resources. This order updated the methodology used to assess whether pumping by junior ground water users caused material injury to senior surface water rights holders who divert water from the Snake River. The Director’s Fifth Amended Final Order revised technical aspects of the model and data, and after a hearing on objections by the cities, the Director affirmed the methodology with modifications and issued a Sixth Methodology Order, which expressly superseded all prior methodology orders.The cities filed a petition for judicial review in the Snake River Basin Adjudication district court, challenging the Director’s Post-Hearing Order regarding the Fifth Methodology Order. The district court affirmed the Director’s findings and conclusions, upholding the methodology and the application of the clear and convincing evidence standard, and found that the Director did not prejudice the cities’ substantial rights. The district court’s judgment specifically affirmed the Post-Hearing Order but did not address the operative Sixth Methodology Order.On appeal, the Supreme Court of the State of Idaho reviewed whether the cities had properly invoked its jurisdiction. The Court held that the cities failed to challenge the currently operative Sixth Methodology Order in district court, and therefore, under Idaho law, the Court lacked jurisdiction to consider the appeal or award the requested relief. As a result, the appeal was dismissed for lack of jurisdiction. The Court awarded attorney fees and costs to the Idaho Department of Water Resources but denied attorney fees to the intervening Surface Water Coalition, granting them costs only. View "City of Idaho Falls v. IDWR" on Justia Law