Justia Environmental Law Opinion Summaries

Crown proposed to install 13 microcell transmitters on utility poles, primarily in the public right of way, as part of a Distributed Antenna System (DAS) in the Day Valley area, a rural portion of unincorporated Aptos. A staff report characterized the microcells as “relatively visually inconspicuous” small structures Santa Cruz County concluded that Crown’s DAS project was categorically exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000) and rejected a claim that an exception to the exemption applied for “unusual circumstances” or “cumulative impact.” The court of appeal affirmed the superior court in upholding the approval. The court rejected arguments that the county: failed to consider the entire project and instead improperly segmented the project by considering each microcell individually; in determining that the “cumulative impact” exception did not apply, failed to consider information submitted by opponents that AT&T was interested in putting cell transmitters in the Day Valley area; erroneously concluded that the “location” exception and the “unusual circumstances” exception did not apply based on the residential agricultural nature of the area. Opponents produced no evidence that it is unusual for small structures to be used to provide utility extensions in a rural area. View "Aptos Residents Association v. County of Santa Cruz" on Justia Law

In 2008, the National Park Service proposed a trailway through the Sleeping Bear Dunes National Lakeshore in Leelanau County, Michigan. One alternative route ran along Traverse Lake Road. Residents opposed sending visitors down their residential street and submitted objections during the public comment period. In 2009, the Park Service issued a revised proposal, with significant changes to the Traverse Lake Road portion of the trail. No one submitted objections. The Park Service approved the Traverse Lake Road route, making a finding of no significant impact. Six years later, the residents sued, citing the National Environmental Policy Act, 42 U.S.C. 4321. Plaintiffs sought to supplement the administrative record with pictures, maps, and other documents. The court dismissed most of their claims as forfeited because Plaintiffs failed to participate in the planning process in a manner that would alert the Park Service to their objections to the 2009 plan and held that Plaintiffs failed to show exceptional circumstances requiring supplementation of the record. The Sixth Circuit affirmed. Many of Plaintiffs’ objections during the 2008 comment period were sufficient to alert the Park Service to deficiencies in the 2008 Plan, but those comments did not preserve any challenge to the 2009 Plan. The record contains evidence addressing the issues Plaintiffs sought to prove with their supplemental material; the Park Service was not negligent in compiling the 3,005-page administrative record. View "Little Traverse Lake Property Owners Association v. National Park Service" on Justia Law

In 2008, the National Park Service proposed a trailway through the Sleeping Bear Dunes National Lakeshore in Leelanau County, Michigan. One alternative route ran along Traverse Lake Road. Residents opposed sending visitors down their residential street and submitted objections during the public comment period. In 2009, the Park Service issued a revised proposal, with significant changes to the Traverse Lake Road portion of the trail. No one submitted objections. The Park Service approved the Traverse Lake Road route, making a finding of no significant impact. Six years later, the residents sued, citing the National Environmental Policy Act, 42 U.S.C. 4321. Plaintiffs sought to supplement the administrative record with pictures, maps, and other documents. The court dismissed most of their claims as forfeited because Plaintiffs failed to participate in the planning process in a manner that would alert the Park Service to their objections to the 2009 plan and held that Plaintiffs failed to show exceptional circumstances requiring supplementation of the record. The Sixth Circuit affirmed. Many of Plaintiffs’ objections during the 2008 comment period were sufficient to alert the Park Service to deficiencies in the 2008 Plan, but those comments did not preserve any challenge to the 2009 Plan. The record contains evidence addressing the issues Plaintiffs sought to prove with their supplemental material; the Park Service was not negligent in compiling the 3,005-page administrative record. View "Little Traverse Lake Property Owners Association v. National Park Service" on Justia Law

Both Bernard Morello and White Lion Holdings, LLC could be assessed civil penalties under the Texas Water Code for actions that Morello performed as an employee of White Lion.The court of appeals reversed the judgment of the trial court, holding that because the State failed to establish that Morello could be held individually liable as a matter of law for the alleged violations, the trial court erred in granting summary judgment for the State. The Supreme Court reversed the judgment of the court of appeals and reinstated that of the trial court, holding (1) Morello was a “person” subject to penalties under the Water Code individually; (2) the court of appeals had jurisdiction over Morello’s appeal; and (3) the penalties assessed against Morello were not unconstitutional. View "State v. Morello" on Justia Law

The Ninth Circuit affirmed the district court's grant of the Forest Service's motion to dissolve an injunction enjoining the Lonesome Wood 2 Project. The Project was designed to reduce the threat of wildfire in a populated area of the Gallatin National Forest in Montana. The panel declined to overrule the Forest Service's determination that a thesis outlining important predictors for overall lynx reproductive success did not require the Forest Service to reevaluate its approval of the project. The panel rejected the argument that the Forest Service failed to comply with the obligation to ensure species viability and that the Forest Service failed to comply with its Gallatin Forest Plan obligation to monitor population trends for two management indicator species. Finally, the panel held that the Forest Service took a "hard look" at the project and did not act arbitrarily or capriciously. View "Native Ecosystems Council v. Marten" on Justia Law

These consolidated petitions challenged the EPA's final rule entitled "Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Review Requirements." The DC Circuit granted Environmental Petitioners' petition and vacated as to waiver of the statutory attainment deadlines associated with the 1997 NAAQS; removal of New Source Review and conformity controls from orphan nonattainment areas; grant of permission to states to move anti-backsliding requirements for orphan nonattainment areas to their list of contingency measures based on initial 2008 designations; waiver of the requirement that states adopt outstanding applicable requirements for the revoked 1997 NAAQS; waiver of the 42 U.S.C. 7505a(a) maintenance plan requirement for orphan nonattainment areas; creation of the "redesignation substitute"; creation of an alternative baseline year option; elimination of transportation conformity in orphan maintenance areas; and waiver of the requirement for a second 10-year maintenance plan for orphan maintenance areas. The court denied Environmental Petitioners' petition in all other respects. View "South Coast Air Quality Management District v. EPA" on Justia Law

The boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high water mark (OHWM). Absent an authorized legislative conveyance, the State retains exclusive title up to that boundary.In this case, the trial court determined that the State holds title to the Lake Michigan shores in trust for the public and concluded that the private property interests at issue here overlap with those of the State. The Supreme Court affirmed in part and reversed in part, holding (1) Indiana, at statehood, acquired exclusive title to the bed of Lake Michigan up to the natural OHWM; (2) Indiana retains exclusive title up to the natural OHWM of Lake Michigan; and (3) at a minimum, walking along the Lake Michigan shore is a protected activity inherent in the exercise of traditional public trust rights. View "Gunderson v. State" on Justia Law

The boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high water mark (OHWM). Absent an authorized legislative conveyance, the State retains exclusive title up to that boundary.In this case, the trial court determined that the State holds title to the Lake Michigan shores in trust for the public and concluded that the private property interests at issue here overlap with those of the State. The Supreme Court affirmed in part and reversed in part, holding (1) Indiana, at statehood, acquired exclusive title to the bed of Lake Michigan up to the natural OHWM; (2) Indiana retains exclusive title up to the natural OHWM of Lake Michigan; and (3) at a minimum, walking along the Lake Michigan shore is a protected activity inherent in the exercise of traditional public trust rights. View "Gunderson v. State" on Justia Law

The Supreme Court affirmed the order of the Montana Water Court adjudicating Teton Cooperative Canal Company’s (Teton Canal) water rights on remand from an earlier decision of the Supreme Court. The court held that the Water Court did not commit clear error by (1) apportioning volume limits for Teton Canal’s 1890 water right claims and the junior 1936 Eureka Reservoir claims; (2) removing the Eureka Reservoir as storage under the 1890 notice while allowing the Glendora Reservoir’s storage capacity to be added to the volume limit under the 1890 notice; (3) permitting Teton Canal to store its 1890 direct flow water in the Eureka Reservoir during irrigation season; and (4) allowing Teton Canal a year-round period of diversion for the 1890 notice. View "Teton Coop Canal Co. v. Lower Teton Joint Reservoir Co." on Justia Law

The Supreme Court affirmed the order of the Montana Water Court adjudicating Teton Cooperative Canal Company’s (Teton Canal) water rights on remand from an earlier decision of the Supreme Court. The court held that the Water Court did not commit clear error by (1) apportioning volume limits for Teton Canal’s 1890 water right claims and the junior 1936 Eureka Reservoir claims; (2) removing the Eureka Reservoir as storage under the 1890 notice while allowing the Glendora Reservoir’s storage capacity to be added to the volume limit under the 1890 notice; (3) permitting Teton Canal to store its 1890 direct flow water in the Eureka Reservoir during irrigation season; and (4) allowing Teton Canal a year-round period of diversion for the 1890 notice. View "Teton Coop Canal Co. v. Lower Teton Joint Reservoir Co." on Justia Law