Justia Environmental Law Opinion Summaries

In cases consolidated for review, the issue presented for the Tenth Circuit centered on whether the Bureau of Land Management (BLM) acted beyond its statutory authority when it promulgated a regulation, 43 C.F.R. sec. 3162.3-3 (2015), governing hydraulic fracturing (fracking) on lands owned or held in trust by the United States. The district court invalidated this regulation as exceeding the BLM’s statutory authority. While these appeals were pending, a new President of the United States was elected, and shortly thereafter, at the President’s direction, the BLM began the process of rescinding the Fracking Regulation. Given these changed and changing circumstances, the Tenth Circuit concluded these appeals were unripe for review. As a result, the Court dismissed these appeals and remanded with directions to vacate the district court’s opinion and dismiss the action without prejudice. View "Wyoming v. Zinke" on Justia Law

The Supreme Court granted in part a writ of prohibition requested by Relators - Rocky Ridge Development, LLC and Stanley Industries, Inc. - against common laws court judge Bruce Winters after Judge Winters issued a temporary restraining order against Relators enjoining them from operating in Benton Township until “they are in compliance with the Benton Township Zoning Resolution and the laws of the State of Ohio.” Benton Township had filed a compliant for declaratory and injunctive relief against Relators, alleging that the companies were violating the terms of a Land Application Management Plan (LAMP), were in violation of local zoning ordinances and state law, and were creating a public nuisance. The Supreme Court (1) granted a limited writ of prohibition to prevent the judge from deciding any issues that properly belong to the Environmental Review Appeals Commission, such as the wisdom or propriety of issuing the LAMP or Rocky Ridge’s compliance with the LAMP; but (2) denied the writ as to all claims involving alleged violations of Benton Township’s local ordinances or allegations that Rocky Ridge’s operations were creating a public nuisance. View "State ex rel. Rocky Ridge, LLC v. Winters" on Justia Law

The Department of Pesticide Regulation, acting under the Food & Agriculture Code, approved amended labels for two registered pesticides: Dinotefuran 20SG and Venom Insecticide, which allowed both pesticides to be used on additional crops and allowed Venom to be used in increased quantities. Both pesticides contain the active ingredient dinotefuran, which is in a class of pesticides called neonicotinoids.The Department concluded uses of both pesticides in accord with the label amendments would cause no significant effect on honeybees or the environment. An environmental group challenged the approvals, alleging violations of the California Environmental Quality Act (CEQA) by approving the label amendments without sufficient environmental review. The court of appeal reversed the approvals. The Department’s pesticide registration program is exempt only from CEQA chapters 3 and 4 and from Public Resources Code section 21167; its regulatory program remains subject to CEQA's broad policy goals and substantive requirements. The Department’s environmental review was deficient. It failed to address any feasible alternative to registering the proposed new uses for the pesticides; failed to assess baseline conditions with respect to actual use of neonicotinoids in California; and did not show that the Department considered whether the impact to honey bees associated with registering new uses for both insecticides would be cumulatively considerable. View "Pesticide Action Network v. California Department of Pesticide Regulation" on Justia Law

The Supreme Court reversed the water court’s denial of Scott Ranch LLC’s petition for adjudication of existing water rights appurtenant to Indian allotment lands it acquired that were previously held in trust by the United States for the benefit of a member of the Apsaalooke (Crow) Tribe. After that member died and the lands were converted to fee status, Scott Ranch filed its petition. In denying the petition, the water court ruled that the lands were part of the Tribal Water Right established by the Crow Water Rights Compact and did not require a separate adjudication. The Supreme Court disagreed, holding that the water court lacked jurisdiction to adjudicate Scott Ranch’s claims and erroneously proceeded to address the merits of the petition. View "Scott Ranch, LLC" on Justia Law

South San Francisco approved a conditional-use permit allowing an office building to be converted to a medical clinic for use by Planned Parenthood Mar Monte. The city determined that its consideration of the permit was categorically exempt from the California Environmental Quality Act, Public Resources Code section 21000 (CEQA). Respect Life challenged the determination. The trial court and court of appeal upheld the determination, rejecting arguments that the permit’s consideration is not exempt from CEQA because the unusual circumstances exception to CEQA’s categorical exemptions applies. By pointing only to evidence that the permit will lead to protests, Respect Life failed to establish that the city prejudicially abused its discretion by making an implied determination that there are no unusual circumstances justifying further CEQA review. View "Respect Life South San Francisco v. City of South San Francisco" on Justia Law

This case presented a question of whether a large-scale excavation project constituted “mining” under the pertinent federal regulations that address mineral development on Indian land. When an entity engages in “mining” of minerals owned by the Osage Nation, a federally approved lease must be obtained from the tribe. The Osage Mineral Council (OMC), acting on behalf of the Osage Nation, appealed the award of summary judgment to Defendant Osage Wind, LLC (Osage Wind), arguing that Osage Wind engaged in “mining” without procuring a federally approved mineral lease. The Bureau of Indian Affairs (BIA) has defined “mining” as the “science, technique, and business of mineral development[.]” The Tenth Circuit held the term “mineral development” had a broad meaning, including commercial mineral extractions and offsite relocations, but also encompass action upon the extracted minerals for the purpose of exploiting the minerals themselves on site. The Court held Osage Wind’s extraction, sorting, crushing, and use of minerals as part of its excavation work constituted “mineral development,” thereby requiring a federally approved lease which Osage Wind failed to obtain. Accordingly, the Court reversed the award of summary judgment and remanded for further proceedings. View "United States v. Osage Wind" on Justia Law

The First Circuit affirmed in part and reversed in part a district court order dismissing claims brought by Ironshore Specialty Insurance Company, the entity that paid the clean-up costs after a large military vessel spilled over 11,000 gallons of fuel next to Boston Harbor, against American Overseas Marine Company, LLC (AMSEA) and the United States. Ironshore sought cleanup costs and damages under the Oil Pollution Act (OPA) of 1990, a declaratory judgment finding AMSEA and the United States to be strictly liable under the OPA, and damages sounding in general admiralty and maritime law as a result of AMSEA’s and the United States’ alleged negligence. The district court dismissed all claims. The First Circuit (1) affirmed the dismissal of all of Ironshore’s claims against AMSEA; (2) affirmed the district court’s dismissal of Ironshore’s OPA claims against the United States; but (3) reversed the district court’s dismissal of Ironshore’s general admiralty and maritime negligence claims brought against the United States under the Suits in Admiralty Act because these claims were not foreclosed by the OPA. View "Ironshore Specialty Insurance Co. v. United States" on Justia Law

Plaintiffs-Appellants WildEarth Guardians and Sierra Club challenged the Bureau of Land Management’s (BLM) decision to approve four coal leases in Wyoming’s Powder River Basin. Plaintiffs brought an Administrative Procedure Act (APA) claim arguing that the BLM failed to comply with the National Environmental Policy Act (NEPA) when it concluded that issuing the leases would not result in higher national carbon dioxide emissions than would declining to issue them. The district court upheld the leases. The Tenth Circuit held the BLM’s Environmental Impact Studies and Records Of Decisions were arbitrary and capricious because they omitted data pertinent to its choice with respect to issuing the leases, and thereby informing the public of its rationale. The Tenth Circuit remanded with instructions to the BLM to revise its Environmental Impact Statements (EISs) and Records of Decision (RODs). The Court did not vacate the resulting leases. View "WildEarth Guardians v. Bureau of Land Management" on Justia Law

Wild Wilderness, a group representing non-motorized users, filed suit challenging the Forest Service's approval of the building of Kapka Sno-Park, alleging that the Forest Service had violated both the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA). The panel held that the case was neither moot nor lacking redressability; the Forest Service did not violate the NFMA because Kapka Sno-Park was not inconsistent with the Deschutes Forest Plan; and the Forest Service did not violate NEPA because the agency complied with the relevant regulations, completed an environmental assessment, and issued a finding of no significant impact. The panel rejected Wild Wilderness's remaining NEPA challenges. View "Wild Wilderness v. Allen" on Justia Law

The Supreme Court reversed in part and affirmed in part the judgment of the district court granting summary judgment to Plaintiffs that the Montana Department of Environmental Quality (DEQ) violated the Montana Environmental Policy Act (MEPA) by issuing a wastewater discharge permit for a “big box” retail merchandise store. DEQ appealed. Intervenors and current owners of the site (Landowners) joined the appeal and also appealed the district court’s summary judgment that MEPA requires DEQ to identify the owner or operator of the contemplated retail store. The Supreme Court held (1) the district court erred in concluding that DEQ violated MPEA, in contravention of Admin. R. M. 17.4.609(3)(d) and (e), by failing to further consider the environmental impacts of the construction and operation of the facility other than water quality impacts and impacts of the related construction of the required wastewater treatment system; and (2) the district court correctly concluded that DEQ must identify and disclose the actual contemplated owner or operator of the facility for which the applicant seeks the subject wastewater discharge permit. View "Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality" on Justia Law