Justia Environmental Law Opinion Summaries

Defendant-appellant Northrop Grumman Systems Corporation appealed a judgment of approximately $1.1 million plus interest, costs, and attorney fees of approximately $1.8 million in favor of plaintiff-respondent Hot Rods, LLC. This case involved an environmentally compromised property Hot Rods purchased from Northrop and the alleged damages stemming from environmental cleanup and related issues. The matter was tried by a referee pursuant to stipulation, and judgment was entered by the trial court, adopting the referee’s recommendations. Northrop alleged numerous errors. Upon review, the Court of Appeal found that there was language in the referee’s statement of decision indicating Northrop had negligently misrepresented certain facts, but did not find any damages were proximately caused, nor did the referee award any damages on that cause of action. The Court concluded the referee erred in admitting certain evidence, and that a finding of negligent misrepresentation was therefore improper, and not sufficiently supported by substantial evidence. The Court reversed the bulk of the damages award, and remanded for a reconsideration of which party was the prevailing party, and therefore entitled to attorney fees. View "Hot Rods v. Northrop Grumman Systems Corp." on Justia Law

Cascadia appealed from the district court's denial of their motion seeking to enjoin the Douglas Fire Complex Recovery Project in the southern Oregon Klamath Mountains. Cascadia conceded that the Service identified the relevant scientific data but argues that compliance with the Endangered Species Act (ESA), 16 U.S.C. 1536(a)(3), requires more than merely restating the scientific data. In view of the deference owed to the agency’s determination, and the record evidence of reliable data, the court concluded that the district court’s rejection of Cascadia’s challenge was not an abuse of discretion, legally erroneous, or factually erroneous. The record reflects that the Service indeed relied upon the data of several surveys from an array of surveyors regarding the effect that barred owls have on the spotted owl. Further, the record does not support a finding that the Service failed to use the best available scientific information regarding the effect the wildfire had on the spotted owl’s habitat use, or a finding that the Service’s conclusions were arbitrary. Finally, the court rejected Cascadia's contention that the Service failed to adequately utilize the best scientific information necessary to ensure spotted owl recovery when evaluating the Project and rendering its jeopardy determination. The court affirmed the judgment. View "Cascadia Wildlands v. Thrailkill" on Justia Law

The Bowers Wind Project proposed to place sixteen wind turbines within the boundary of an expedited permitting area, making them visible from multiple scenic resources of state or national significance. Champlain Wind, LLC filed an application with the Department of Environmental Protection seeking permits to construct the Project. The Department denied Champlain’s application, concluding that the Project did not satisfy the statutory scenic standard. The Board of Environmental Protection affirmed the Department’s denial of Champlain’s permit application, concluding that the Project would “unreasonably adversely affect scenic character and existing uses related to scenic character.” The Supreme Judicial Court affirmed, holding that the Board did not act unlawfully or arbitrarily in its determination that the visual impact of the Project would have an unreasonable adverse effect on the existing scenic character or existing uses related to scenic character of nine affected great ponds. View "Champlain Wind, LLC v. Bd. of Envtl. Prot." on Justia Law

The Board of Trustees of the California State University appealed a writ of mandate directing it to vacate its certification of an environmental impact report (EIR) prepared with respect to plans for the expansion of the California State University East Bay campus. The trial court agreed with plaintiffs-respondents City of Hayward and two local community groups, Hayward Area Planning Association and Old Highlands Homeowners Association, that the EIR failed to adequately analyze impacts on fire protection and public safety, traffic and parking, air quality, and parklands. In the Court of Appeal's initial opinion, it concluded that the EIR was adequate in all respects except that its analysis of potential environmental impacts to parkland was not supported by substantial evidence. The California Supreme Court granted review, and subsequently transferred the matter back to the Court of Appeal with directions to vacate its prior decision and reconsider the cause in light of "City of San Diego v. Board of Trustees of California State University' (61 Cal.4th 945 (2015)). After review of the parties’ supplemental briefing, the Court of Appeal reissued its opinion, and modified section 3(c) of the Discussion to reflect the holding of the Supreme Court in City of San Diego. View "City of Hayward v. Board Cal. State Univ." on Justia Law

At issue in this case was the adequacy of an environment impact report certified by the California Department of Fish and Wildlife (DFW) for a land development in northwest Los Angeles County. Plaintiffs challenged DFW’s actions by a petition for writ of mandate, raising several claims under the California Environmental Quality Act. The superior court granted the petition. The Court of Appeal reversed. The Supreme Court reversed, holding (1) the environmental impact report did not validly determine that the development would not significantly impact the environment by its discharge of greenhouse gases; (2) the report’s mitigation measures adopted for protection of a freshwater fish, a fully protected species under the Fish and Game Code, constituted a prohibited taking of the fish under the Code; and (3) Plaintiffs exhausted their administrative remedies regarding certain claims of deficiency. Remanded. View "Ctr. for Biological Diversity v. Cal. Dep’t of Fish & Wildlife" on Justia Law

Petitioners filed petitions with the EPA seeking to withdraw Alabama's authorization to administer the National Pollutant Discharge Elimination System (NPDES), as part of the Clean Water Act, 33 U.S.C. 1251 et seq. On appeal, petitioners challenged the EPA's findings on some of the 22 alleged deficiencies that did not warrant the initiation of program withdrawal proceedings. The court dismissed the appeal without prejudice, concluding that it does not have jurisdiction to review the interim report with which petitioners disagreed because EPA has not made a "determination" within the meaning of section 1396(b)(1)(D). View "Cahaba Riverkeeper v. EPA" on Justia Law

The 14th District Agricultural Association and its Board of Directors administers the Santa Cruz County Fairground which, since 1941, has been the venue for various events, including equestrian and livestock events and the annual county fair. The trial court denied a petition for writ of mandate and complaint for declaratory and injunctive relief filed by appellants Citizens for Environmental Responsibility, Stop The Rodeo, and Eric Zamost, under the California Environmental Quality Act (CEQA). Appellants claimed the District violated CEQA by approving a notice of exemption (NOE) from environmental review for a rodeo held by real party in interest Stars of Justice, Inc., at the Fairground in October 2011. The exemption was pursuant to CEQA’s regulatory guidelines for a Class 23 categorical exemption for “normal operations of existing facilities for public gatherings.” Appellants contended the exemption was inapplicable because: (1) the rodeo project expressly included mitigation measures in the form of a Manure Management Plan, in effect acknowledging potential environmental effects; and (2) the unusual circumstances exception to categorical exemptions applied because storm water runoff flowed over the Fairground where cattle and horses defecate and into an already polluted creek. Finding no reversible error, the Court of Appeal affirmed. View "Citizens for Environmental etc. v. State ex rel. 14th Dist." on Justia Law

Four Angoon fishermen challenged an Alaska Department of Fish and Game regulation that limits how many fish may be taken annually under a subsistence fishing permit on various grounds after they were charged with taking more salmon than their permits allowed. The district court agreed with their challenge and dismissed the charges. The court of appeals reversed. After its review, the Alaska Supreme Court concluded that these harvest limits were regulations that had to comply with the Administrative Procedure Act (APA). Because the Department promulgated these harvest limits without following the requirements of the APA, the Court reversed the court of appeals and reinstated the district court judgments dismissing these charges. View "Estrada v. Alaska" on Justia Law

Petitioners, including individual residents of the Village of Painted Post, commenced this N.Y. C.P.L.R. 78 proceeding against the Village and others (collectively, Respondents), asserting that the Village failed to comply with the strict procedural mandates of the State Environmental Quality Review Act by entering into a bulk water sale agreement with a subsidiary of Shell Oil Co. providing for the sale of 314 million gallons of water from the village water system and by approving a lease agreement with a railroad for the construction of a water transloading facility. Respondents moved to dismiss the petition, asserting that Petitioners lacked standing and failed to state a cause of action. Supreme Court denied Respondents’ motion to dismiss for lack of standing after finding that one of the individual petitions had standing. The Appellate Division reversed and dismissed the petition on the ground that the individual petitioner lacked standing. The Court of Appeals reversed, holding that the Appellate Division, in concluding that the individual petitioner at issue lacked standing, applied an overly restrictive analysis of the requirement to show harm “different from that of the public at large.” View "Sierra Club v. Village of Painted Post" on Justia Law

In October 2014, the California State Lands Commission (SLC) approved the San Francisco Bay and Delta Sand Mining Project, which authorized real parties in interest Hanson Marine Operations, Inc., Morris Tug & Barge, Inc. and Suisun Associates (collectively, Hanson) to continue dredge mining sand from sovereign lands under the San Francisco Bay pursuant to 10-year mineral extraction leases. San Francisco Baykeeper, Inc. filed a petition for a writ of mandate to challenge the SLC’s decision to approve the project, which the trial court denied. On appeal to the Court of Appeal, Baykeeper argued: (1) the SLC failed to comply with the California Environmental Quality Act (CEQA); and (2) the mineral leases authorized by the SLC’s approval of the project violated the common law public trust doctrine. The Court of Appeal granted the petition, finding that the SLC’s environmental review of the mining project complied with CEQA, but it failed to consider whether the sand mining leases were a proper use of public trust property. The trial court was directed to mandate that the SLC to address this issue. View "S.F. Baykeeper v. Cal. State Lands Com." on Justia Law