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At issue before the Vermont Supreme Court in this appeal was whether land dedicated to a public use could be condemned for another public use when the new use did not materially interfere with the prior use. Intervenors, a group of Hinesburg residents who use Geprags Park, appealed the Public Service Board’s order authorizing Vermont Gas Systems, Inc. (VGS) to condemn an easement through the park for the purpose of installing a natural gas pipeline. They argued the Board erred in authorizing the condemnation in light of the fact that the park was already dedicated to a public use, and in concluding that the condemnation was necessary under 30 V.S.A. section 110(a)(2). The Supreme Court affirmed the Board’s decision, but remanded for a minor correction to the order relating to the terms of the easement. View "In re Vermont Gas Systems, Inc." on Justia Law

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Petitioner waived its challenge to the decision of the Utah Department of Environmental Quality (UDEQ) to issue a “permit by rule” to U.S. Oil Sands Inc. for a bitumen-extraction project. Petitioner, which appeared before the Supreme Court for a second time to challenge the permit, failed to argue that UDEQ’s Executive Director erred in concluding that Living Rivers v. U.S. Oil Sands, Inc., 344 P.3d 568 (Living Rivers I), barred its requests for agency action. The Supreme Court affirmed the executive Director’s decision on the ground that Petitioner failed adequately to challenge an alternative ground for the Executive Director’s decision. View "Rivers v. Executive Director of Utah Department of Environmental Quality" on Justia Law

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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

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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

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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

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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

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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

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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

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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

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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