Justia Environmental Law Opinion Summaries

For years the parties in this case litigated the propriety of a proposed development in the Wolf Creek Ski Area—which the US Forest Service managed. The proposed development was a plan for highway access known as “the Village at Wolf Creek Access Project.” Plaintiff challenged this plan because of alleged environmental risks to the surrounding national forest. The highway-access litigation continued, but relevant here was a 2018 FOIA request Plaintiff submitted asking Defendant for “all agency records regarding the proposed Village at Wolf Creek Access Project.” Plaintiff’s request caused an enormous undertaking by Defendant. The statute instructed government agencies to use reasonable efforts to produce responsive records upon request. Beyond that, FOIA also exempted nine categories of records from public disclosure. Plaintiff requested and received voluminous records under FOIA, but claimed Defendants United States Forest Service (“USFS”) and United States Department of Agriculture (“USDA”) abused these statutory limitations to hide information about projects that harmed the environment. The district court rejected Plaintiff’s speculative theory and found USFS’s efforts to comply with Plaintiff’s FOIA request reasonable. Finding no reversible error in that judgment, the Tenth Circuit affirmed. View "Rocky Mountain Wild v. United States Forest Service, et al." on Justia Law

The Jenkinses bought a one-bedroom home, built in 1909, with a small accessory cottage in San Anselmo. Following conversations with an architect, contractors, and the Town Planning Director, they sought permits to demolish the existing structures and build a new home with a detached studio. The Planning Commission approved the project. The Jenkinses nevertheless worked with neighbors to accommodate their concerns and submitted revised plans, which were also approved. Four individuals unsuccessfully appealed to the Town Council. Attorney Brandt-Hawley filed a mandamus petition on behalf of an unincorporated association and an individual, alleging violations of the California Environmental Quality Act (CEQA), although the appeal did not include any CEQA claim and CEQA has a categorical exemption for single-family homes, and “violation of the Town Municipal Code,” without citation.The trial judge denied the petition, criticizing aspects of Brandt-Hawley’s briefing and advocacy. Petitioners appealed, then offered to dismiss the appeal for a waiver of fees and costs. The Jenkinses rejected the offer. On the day the opening brief was due, Brandt-Hawley dismissed the appeal. The Jenkinses sued Brandt-Hawley for malicious prosecution. The court denied Brandt-Hawley’s special anti-SLAPP (strategic lawsuit against public participation) motion to strike. The court of appeal affirmed. The Jenkinses met their burden under step two of the anti-SLAPP procedure demonstrating a probability of success on their complaint. View "Jenkins v. Brandt-Hawley" on Justia Law

Before registering a pesticide, EPA must consult with the statutorily specified agencies that have expertise on risks to species’ survival. But for decades, the EPA skipped that step when it registered pesticides, including those at issue in this case. After the EPA went ahead and approved the five registrations, the Conservation Groups petitioned the D.C. Circuit court to invalidate them. The parties then jointly requested that the court hold the petitions in abeyance to allow for settlement negotiations.The parties arrived at the terms of a settlement allowing the registrations to stand if EPA fulfills core ESA obligations by agreed deadlines. As a condition of their settlement agreement’s binding effect, the parties then jointly moved for an Order returning the cases to abeyance until the specified deadlines to afford EPA time to comply with the parties’ settlement terms.The D.C. Circuit agreed with the Order of Consent and held in the case in abeyance. However, the court dismisses as moot the challenge to the registration of cuprous iodide based on the parties’ report that EPA has complied to their satisfaction with the proposed settlement regarding that pesticide ingredient. View "Center for Biological Diversity v. EPA" on Justia Law

Plaintiffs, a group of seventeen environmental organizations, sued the Council on Environmental Quality in July 2020 related to the Trump Administration’s promulgation of a final rule that affected how federal agencies would conduct reviews under the National Environmental Policy Act. On appeal the issue is whether the district court had jurisdiction to consider this particular challenge, as Plaintiffs have chosen to frame it, at this stage.   The Fourth Circuit agreed with the district court that it did not have jurisdiction. The court explained that Plaintiffs argue that forcing them to litigate their claims one project at a time will be time- and resource-intensive, for them and for the courts. Certainly, it would be more efficient for the parties and the courts if the court could adjudicate the 2020 Rule in one preemptive fell swoop. But such efficiency concerns cannot generate jurisdiction. They just will need to bring such a challenge under circumstances where they can present evidence sufficient to support federal-court jurisdiction. View "Wild Virginia v. Council on Environmental Quality" on Justia Law

A company seeking to register a pesticide must obtain approval from the Environmental Protection Agency (EPA), which in turn must comply with the Endangered Species Act (ESA), and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In 2010, Dow submitted an application for sulfoxaflor. In January 2013, EPA announced and invited public comment for a proposed conditional registration at lower application rates with some mitigating measures. Less than seven months later, EPA decided to unconditionally register sulfoxaflor.   The Ninth Circuit held that EPA violated the ESA’s mandate that it determine whether the pesticide may affect endangered or threatened species or their habitat, and (if so) consult other wildlife agencies to consider its impact on endangered species. Although EPA admitted it did not comply with the ESA, EPA alleged it lacked the resources to do so. The panel further held that EPA’s repeated violations of the ESA undermined the political structure. The panel held that EPA failed to meet FIFRA’s notice and comment requirement because it did not allow the public to comment on Dow’s requested amendments to the 2016 registration to reinstate expanded usage of sulfoxaflor. EPA cannot rely upon Dow’s original application for sulfoxaflor to support the registration amendments. Because Dow requested, and EPA approved, “new uses” for sulfoxaflor, EPA should have solicited public comments. The panel, however, did not vacate the agency’s decision because a vacatur might end up harming the environment more and disrupting the agricultural industry. The panel instead remanded it to EPA for further proceedings. View "CENTER FOR FOOD SAFETY, ET AL V. MICHAEL REGAN, ET AL" on Justia Law

This matter involved permits issued by the Department of Environmental Protection (the Department) to Gibraltar Rock, Inc., a Pennsylvania corporation seeking to operate a quarry on a 241-acre property in New Hanover Township (the Township). The Environmental Hearing Board (Board) rescinded the permits finding that their issuance was inconsistent with statutory and regulatory requirements. The Commonwealth Court reversed the Board’s decision for reasons that were never raised by the parties, including that the Board’s opinion effectuated an unconstitutional taking. Based on its review, the Pennsylvania Supreme Court found that the Commonwealth Court erred in considering issues not raised by Gibraltar and then by reversing the Board’s rescission of the permits. The Court therefore vacated the order of the Commonwealth Court and remanded for the Commonwealth Court to consider the issue raised in Gibraltar’s petition for review. View "Gibraltar Rock v. Dept. of Env. Protection" on Justia Law

In 2003, JCJIC proposed a 312-unit apartment complex on 15.45 acres of vacant land along the Petaluma River. In 2008, after starting a draft environmental impact report (DEIR), for compliance with the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000), Petaluma adopted General Plan 2025. In response, JCJIC submitted an application for a 278-unit complex. After conducting site visits, the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the National Oceanic and Atmospheric Administration Fisheries Service identified the issues the EIR should address. A “Habitat Mitigation Monitoring Plan” was incorporated. In 2018, the DEIR was published. JCJIC provided consultant studies regarding environmental impacts, including on “Special Status Species.” The Planning Commission considered traffic impacts, floodplain impacts, and decreased quality of neighborhood life. City Council members requested supplemental documentation and authorized the preparation of a final EIR. JCJIC further reduced the proposal to 205 units; reduced the height of buildings; increased setbacks from the River; and implement a “Traffic Calming Plan.” The Final EIR concluded the revisions eliminated or reduced several potential significant impacts. In 2020, JCJIC submitted another plan with 180 units.Objectors disputed the adequacy of the EIR’s special status species analysis and failure to analyze emergency evacuations. The City Council certified the EIR and approved zoning amendments. The trial court and court of appeal upheld the approvals. View "Save North Petaluma River and Wetlands v. City of Petaluma" on Justia Law

This case involves an appeal and cross-appeal following the trial court’s determination that the Department of Toxic Substances Control (the Department) acted within its authority and properly complied with the California Administrative Procedure Act (APA; Gov. Code, Section 11340 et seq.) but violated the California Environmental Quality Act (CEQA; Pub. Resources Code, Section 21000 et seq.) when it enacted a regulation listing spray polyurethane foam systems containing unreacted methylene diphenyl diisocyanates (spray foam systems) as a priority product under California’s “Green Chemistry” law. Appellants, in this case, American Chemistry Council (ACC) and General Coatings Manufacturing Corp. (General Coatings) challenge the Department’s actions on two grounds. First, listing spray foam systems as a priority product was in excess of the Department’s authority under the Green Chemistry law. Second, the Department violated the APA in multiple ways when enacting the listing regulation.   The Fifth Appellate District reversed the trial court’s finding of a CEQA violation on the ground that the claim was untimely under the statute of limitations. The court held that the judgment is affirmed with respect to the first, second, and third causes of action seeking relief based on allegations the Department exceeded its authority through the listing determination and allegations the Department violated the APA. The judgment is reversed with respect to the fourth cause of action, under CEQA, and remanded with instructions that the trial court dismiss the claim as untimely. View "Am. Chemistry Council v. Dept. of Toxic Substances Control" on Justia Law

In 2018, the Washington Department of Ecology (Department) revised its Water Quality Program Permit Writer’s Manual to add a new section addressing methods permit writers could use to identify and measure polychlorinated biphenyls (PCBs) discharged into Washington waters. This specific revision was challenged on the grounds it constituted rule making outside the Washington Administrative Procedure Act (APA). The Washington Supreme Court determined the manual revision was not a rule for the purposes of the APA because it merely guided permit writers, who had discretion to choose test methods on a case-by-case basis, and did not require the uniform application of a standard to an entire class of entities who discharged PCBs. View "Nw. Pulp & Paper Ass'n. v. Dep't of Ecology" on Justia Law

The school's athletic stadium seats 2,008 persons and is surrounded by single-family homes. The school sought approval to add four permanent 90-foot tall outdoor light standards to enable its nighttime use. The planning department determined that the project was categorically exempt from review under the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000). The planning commission approved a permit, limiting the hours during which the lights could be used, and prohibiting use by groups unaffiliated with the school. The permit required the distribution of a large-event management plan and a code of conduct for students and others attending events. The board of supervisors affirmed, further restricting the hours that the lights could be used, requiring the school to report the dates and times the lights are turned on, dimmed, and turned off, requiring that for certain events, the school provide off-site parking, and requiring that trees be installed for screening.The court of appeal reversed. The project is not exempt from CEQA under the class 1 exemption for “existing facilities.” The project will significantly expand the nighttime use of the stadium. Nor does the class 3 exemption, entitled “New Construction or Conversion of Small Structures,” apply. View "Saint Ignatius Neighborhood Association v. City & County of San.Francisco" on Justia Law