Justia Environmental Law Opinion Summaries

Nebraska Department of Natural Resources (NPPD) was the owner or lessee of three water appropriations to divert water from the Niobrara River for hydropower generation. In 2007, the Nebraska Department of Natural Resources (Department) issued closing notices to several hundred junior appropriators, including Joe McClaren Ranch, LLC and Weinreis Brothers (the junior appropriators), directing them to cease water diversions from the Niobrara in favor of NPPD’s senior appropriations. The junior appropriators challenged the Department’s administration of the Niobrara and sought to stay any future closing notices. After a second hearing on remand, the Department denied the junior appropriators’ claims. The Supreme Court affirmed, holding that the Department (1) erred in admitting certain evidence relating to the statutory procedure for cancellation of appropriations, but the error was harmless; (2) did not err in finding that the junior appropriators failed to prove NPPD had abandoned or statutorily forfeited its appropriations; (3) did not err in determining that it had property determined the flow demand for NPPD’s appropriations; and (4) did not err in failing to conduct a futile call analysis on the main stem of the Niobrara.View "In re 2007 Appropriations of Niobrara River Waters" on Justia Law

A&G owns and operates the Kelly Branch Surface Mine in Virginia. Plaintiff filed suit against A&G for declaratory and injunctive relief and civil penalties, contending that A&G was violating the Clean Water Act (CWA), 33 U.S.C. 1251 et seq., by discharging selenium from Kelly Branch without authorization to do so. The court held that A&G could not assert a "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. Accordingly, the court affirmed the district court's grant of summary judgment to plaintiff.View "Southern Appalachian Mountain v. A & G Coal Corp." on Justia Law

In April 2008, a particularly cold month in a dry year, young salmon were found fatally stranded along banks of the Russian River system, which drains Sonoma and Mendocino Counties. The deaths were caused by abrupt declines in water level that occurred when water was drained from the streams and sprayed on vineyards and orchards to prevent frost damage. After hearings and preparation of an environmental impact report (EIR), the State Water Resources Control Board adopted a regulation that is likely to require reduction in diversion of water for frost protection under certain circumstances. The regulation does not limit water use, but delegates regulatory authority to local governing bodies composed of the diverting growers. The regulation declares that any water use inconsistent with the programs, once they are approved by the Board, is unreasonable and prohibited. The trial court invalidated the Board’s action. The appeals court reversed. While authority to require a permit for water use by riparian users and early appropriators is beyond the authority of the Board, it has the power to prevent unreasonable use of water. In regulating unreasonable use of water, the Board can weigh public purposes, notably the protection of wildlife habitat, against the commercial use of water by riparian users and early appropriators. The court noted that its ruling was on a facial challenge and did not address the validity of any particular substantive regulation. The Board did not unlawfully delegate its authority and properly certified the EIR. View "Light v. State Water Res. Control Bd." on Justia Law

Shamokin Filler, a coal preparation facility in Shamokin, Pennsylvania, has been regulated by the Federal Mine Safety and Health Administration (MSHA) since 1977. After a change in ownership in 2009, the new owners challenged MSHA’s jurisdiction, contending that the Occupational Safety and Health Administration (OSHA), not MSHA, should oversee it. Presumably the new owners wanted to avoid the more stringent requirements imposed by MSHA regulations and the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801. MSHA, rather than OSHA, has much stricter oversight requirements including regarding respirable coal dust standards. The Secretary of Labor and an Administrative Law Judge for the Federal Mine Safety and Health Review Commission disagreed and concluded that Shamokin was engaged in the “work of preparing the coal,” as defined in the Mine Act. Shamokin argued that its plant does not engage in the “work of preparing the coal” because it makes its 100% coal products out of already processed coal. The Third Circuit rejected the argument and denied a petition for review. Shamokin’s interpretation of the statute lacked any basis in the text of the Mine Act.View "Shamokin Filler Co. Inc v. Fed. Mine Safety & Health Review Comm'n" on Justia Law

The States of West Virginia and Kentucky, along with coal mining companies and trade associations, challenged EPA and Corps' Enhanced Coordination Process memorandum, which applied to National Pollutant Discharge Elimination System (NPDES) permit applications that were stalled because of litigation, and the EPA's Final Guidance. The court concluded that EPA and the Corps acted within their statutory authority when they adopted the Enhanced Coordination Process. Under the court's precedents, the Final Guidance is not a final action reviewable by the courts at this time. If and when an applicant is denied a permit, the applicant at that time may challenge the denial of the permit as unlawful. Accordingly, the court reversed the district court's grant of summary judgment to plaintiffs and remanded with directs to grant judgment for the Government on the Enhanced Coordination Process claim and to dismiss plaintiffs' challenge to the Final Guidance.View "National Mining Assoc., et al. v. Jackson, et al." on Justia Law

CTS petitioned for review of the EPA's decision to add to the National Priorities List, which identifies those hazardous-waste sites considered to be the foremost candidates for environmental cleanup, a site centered around property formerly owned by the company. Determining that CTS has constitutional standing, the court concluded that the EPA did not fail to examine the relevant data or to articulate a rational explanation for its actions; the EPA's determination that a hydraulic connection existed between the CTS property and the contaminated Oaks Subdivision wells was reasonable; and CTS's reliance on extra-record evidence relating to isotope data was procedurally foreclosed. The court denied the petition for review because each of CTS's objections was without merit, forfeited, or impermissibly based on extra-record evidence.View "CTS Corp. v. EPA, et al." on Justia Law

The Project area includes Treasure Island, 404 acres of landfill placed on former tidelands in San Francisco Bay, plus Yerba Buena Island, an adjacent, 160-acre, natural rock outcropping. Treasure Island and the causeway to Yerba Buena Island were constructed in the 1930s for the Golden Gate Exposition. During World War II, the area was converted to a naval station, which operated for more than 50 years. Conditions include aging infrastructure, environmental contamination, deteriorated buildings, and impervious surfaces over 65 percent of the site. In 2011, after more than a decade of planning, study, and input, the board of supervisors approved the Project, amended the general plan and code maps and text, and approved policies and standards for the redevelopment. The Environmental Impact Report (EIR) envisions a new, mixed-use community with about 8,000 residential units (about 25 percent designated as affordable units); up to 140,000 square feet of commercial and retail space; about 100,000 square feet of office space; restoration of historic buildings; 500 hotel rooms; utilities; 300 acres of parks, playgrounds, and public open space; bike and transit facilities; and a new ferry terminal and intermodal transit hub. Construction would be phased over 15-20 years. CSTI unsuccessfully challenged the EIR’s approval under the California Environmental Quality Act, Pub. Res. Code 21000. The court of appeal affirmed, rejecting an argument that the EIR should have been prepared as a program EIR, not a project-level EIR. Opponents claimed that there was insufficient detail about matters such as remediation of hazardous materials, building and street layout, historical resources and tidal trust resources, for “project-level” review.View "Citizens for a Sustainable Treasure Island v. San Francisco" on Justia Law

Petitioners, owners of two power plants, challenged the legal sufficiency of the notice of violation issued by the EPA under Section 7413(a) of the Clean Air Act, 42 U.S.C. 7413(a). The EPA filed a second, amended notice of violation and moved to dismiss the petitions for want of jurisdiction. Petitioners challenged the sufficiency of the second notice. The court dismissed the petitions for lack of subject-matter jurisdiction because the notices were not "final actions" of the EPA.View "Luminant Generation Co., L.L.C, et al. v. EPA, et al." on Justia Law

In 2012, Westlands Water District and its related distribution districts entered into two-year, interim renewal contracts with the United States Bureau of Reclamation relating to the Bureau’s ongoing provision of Central Valley Project (CVP) water to the Water Districts. When Water Districts approved the interim renewal contracts, they made specific findings that the renewals were exempt from the California Environmental Quality Act. Accordingly, the Water Districts did not undertake their own environmental review prior to such approvals. Thereafter, North Coast Rivers Alliance, Friends of the River, Save the American River Association, the California Sportfishing Protection Alliance and the Winnemem Wintu Tribe all filed a petition for writ of mandate, contending that the interim renewal contracts were not exempt from CEQA and that the Water Districts should have undertaken a full environmental review. The trial court disagreed and denied the petition for writ of mandate. Petitioners appealed the judgment of dismissal. Upon review of the record, the Court of Appeal concluded that the matters contemplated in the interim renewal contracts were exempt from CEQA, including under the statutory exemption for ongoing pre-CEQA projects, and the categorical exemption for the continued operation of existing facilities at the same level of use. Therefore, the Court affirmed the superior court judgment. View "North Coast Rivers Alliance v. Westlands Water Dist." on Justia Law

The eighth addendum to a 1997 environmental impact report for San Jose’s International Airport Master Plan concerns the environmental impacts of recent amendments to the Airport Master Plan, which include changes to the size and location of future air cargo facilities, replacement of air cargo facilities with 44 acres of general aviation facilities, and modification of two taxiways to provide better access for corporate jets. The trial court rejected a challenge under the California Environmental Quality Act, Public Resources Code 21000, which claimed that the amendments constituted a new project and that the changes are substantial and require major revisions to the EIR with respect to noise, greenhouse gas emissions, toxic air contaminants, and the burrowing owl habitat. The appeals court affirmed, finding substantial evidence showing that the master Plan amendments addressed in the eighth addendum will not result in any new significant impacts on noise, air quality, and the burrowing owl habitat that are substantially different from those described in the 1997 EIR and the 2003 supplemental EIR. The city did not violate sCEQA Guidelines by failing to analyze greenhouse gas emissions in the eighth addendum. View "Citizens Against Airport Pollution v. City of San Jose" on Justia Law