Justia Environmental Law Opinion Summaries

In an order, the panel granted a petition for panel rehearing, withdrew the opinion filed September 16, 2021, and replaced it with a superseding opinion that granted a petition for review brought by environmental organizations challenging a National Pollutant Discharge Elimination System (NPDES) Permit issued by the EPA for Concentrated Animal Feeding Operations (CAFOs) in Idaho.In the superseding opinion, the panel wrote that, because the Permit does not require monitoring that would ensure compliance with its effluent limitations, the EPA’s issuance of the Permit was arbitrary, capricious, and a violation of law. The panel granted the petition and remanded the Permit to the EPA for further proceedings consistent with this opinion. View "Food & Water Watch v. Environmental Protection Agency" on Justia Law

Mission Peak filed suit against the State Water Resources Control Board, alleging that it violated the California Environmental Quality Act (CEQA) by granting a small domestic use registration to Christopher and Teresa George without first conducting an environmental review.The Court of Appeal affirmed the trial court's decision sustaining the board's demurrer without leave to amend, concluding that the registration was exempt from CEQA as a ministerial act, rather than a discretionary act. In this case, Mission Peak points to no statute that grants the board authority to place conditions on the Georges' registration to lessen its environmental effects; the only conditions the board may impose are general conditions applicable to all registrations; registration is automatically deemed complete, and the registrant obtains the right to take and use the specified amount of water, when the board receives a substantially compliant registration form along with the registration fee; the board determines whether a registration is compliant essentially by applying a checklist of fixed criteria; and the registration is effective as of the date of the form and remains so until and unless the water right is forfeited, abandoned, or revoked. View "Mission Peak Conservancy v. State Water Resources Control Board" on Justia Law

Heritage sought to develop Monterey County property and obtained the requisite government approvals, including a coastal development permit. Objectors filed an appeal with the California Coastal Commission. Coastal Commission staff recommended denial of Heritage’s coastal development permit application primarily due to the lack of adequate water supply. At a public hearing, the Commission expressed disagreement with the staff’s recommendation and approved Heritage’s application. Staff then prepared written revised findings to support the approval. The revised findings were later adopted by the Commission.The trial court rejected a suit under the California Environmental Quality Act (CEQA, Pub. Resources Code 21000) and the California Coastal Act of 1976 (section 30000 ). The court of appeal reversed. The Commission failed to complete the requisite environmental review before approving Heritage’s permit application. The Commission did not complete an analysis of mitigation measures (including conditions for the project) or alternatives, as required under CEQA and its certified regulatory program, until the 2018 staff report was prepared, after the project was approved. View "Friends, Artists & Neighbors of Elkhorn Slough v. California Coastal Commission" on Justia Law

To comply with the National Environmental Policy Act, the FAA issued an Environmental Assessment (EA) for the construction and operation of an air cargo facility at the San Bernardino International Airport. The Record of Decision found no significant environmental impact. Objectors asserted that the FAA did not conform its study areas to the FAA’s Order 1050.1F Desk Reference.The Ninth Circuit rejected a petition for review. The FAA’s nonadherence to the Desk Reference could not alone serve as the basis for holding that the FAA did not take a “hard look” at the environmental consequences. Rejecting an argument that the FAA should have expanded its assessment to include more than 80 projects, the court held that the record showed that the FAA did consider the fact that the additional projects would result in massive average daily trips in the first year of operations.The court rejected California’s argument that the FAA needed to create an environmental impact statement because a California Environmental Impact Report found that the proposed Project could result in significant impacts on air quality, greenhouse gas, and noise. The South Coast Air Quality Management District’s own assessment was that the Project will comply with federal and state air quality standards. The court also rejected California’s noise concerns. Objectors failed to show arbitrariness or capriciousness in the EA’s truck trip calculation method and provided no reason to believe that the Project threatened to violate federal ozone standards. View "Center for Community Action and Environmental Justice v. Federal Aviation Administration" on Justia Law

There have been multiple cases that purported to (at least partially) adjudicate and reserve water rights of various parties throughout the Yakima River Drainage Basin (the Basin). The underlying litigation began in 1977 when the Washington State Department of Ecology filed a general water rights adjudication for all waters contained within the Basin. The Yakima County Superior Court divided the Basin into multiple distinct subbasins and issued conditional final orders (CFOs) for each subbasin at various points within the litigation. The superior court issued its final decree in May 2019, incorporating all of the prior CFOs as necessary. Multiple parties appealed the final decree, and, after briefing, the Court of Appeals certified the case to the Washington Supreme Court. The appeal could be categorized as three separate appeals, each seeking to modify the trial court's final decree (or the incorporations of the CFOs within). Although each distinct appeal was unrelated as to the disputed issues, some parties had an interest in more than one appeal. Further, all three appeals were tied together by variations on one common procedural gatekeeping issue: the appealability of CFOs and how that related to an appeal of the final decree. Overall, the Supreme Court reversed the superior court in part and affirmed in part. View "Dep't of Ecology v. Acquavella" on Justia Law

The First Circuit affirmed the judgment of the district court entering three separate judgment opinions and orders against Puerto Rico Industrial Development Company (PRIDCO) in this action brought by the United States seeking to recover response costs associated with the cleanup of the Maunabo Area Groundwater Contamination Superfund Site, holding that the district court did not err.The United States brought this action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq., against PRIDCO, as a potentially responsible party. PRIDCO owned property on the Site that contained elevated levels of hazardous substances in the groundwater that were found downgradient in a public drinking water well. In its orders against PRIDCO, the district court found, inter alia, that the United States had established its prima facie case against PRIDCO for liability under CERCLA and that PRIDCO was liable for $5.5 million in past response costs and would be liable for additional response costs reasonably incurred by the United States. The First Circuit affirmed, holding that the entry of summary judgment and award of response costs was not error. View "United States v. Puerto Rico Industrial Development Co." on Justia Law

In this dispute between the Maine lobster industry and the National Marine Fisheries Service (the Agency) over a rule barring frequently employed methods of lobstering the First Circuit granted the Agency's motion for a stay pending appeal of the district court's issuance a permanent injunction, holding that the Agency was entitled to a stay.In 2021, the Agency issued a rule barring, from October to January each year, the most frequently employed methods of lobstering in an approximately 1,000-square-mile area of the Atlantic Ocean in order to reduce the risk that a right whale would become entangled in the ropes connecting lobster traps to buoys. Plaintiffs brought this action seeking to postpone enforcement of the new rule until the district court could finally decide whether the new rule was lawful. The district court granted Plaintiffs' preliminary request. The Agency appealed and asked the First Circuit to issue a stay of the district court order. The First Circuit granted the government's motion, holding the district court misapprended the record and erred in rejecting the Agency's arguments. View "District 4 Lodge of the International Ass'n v. Raimondo" on Justia Law

In 2016, the Environmental Protection Agency issued a rule for trailers pulled by tractors based on a statute enabling the EPA to regulate “motor vehicles.” In that same rule, the National Highway Traffic Safety Administration issued fuel efficiency standards for trailers based on a statute enabling NHTSA to regulate “commercial medium-duty or heavy-duty on-highway vehicles.” The “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2.” 81 Fed. Reg. 73,478, requires trailer manufacturers to adopt some combination of fuel-saving technologies, such as side skirts and automatic tire pressure systems. Truck Trailer Manufacturers Association sought review.The D.C. Circuit vacated all portions of the rule that pertain to trailers. Trailers have no motor and art not “motor vehicles.” Nor are they “vehicles” when that term is used in the context of a vehicle’s fuel economy since motorless vehicles use no fuel. View "Truck Trailer Manufacturers Association, Inc. v. Environmental Protection Agency" on Justia Law

In 2001, the City issued China Shipping a permit to build the Container Terminal, within the Port of Los Angeles. The settlement of a suit under the California Environmental Quality Act required the City to prepare an environmental impact report. The resulting 2008 Report found the project “would have significant and unavoidable adverse environmental impacts to air quality, aesthetics, biological resources, geology, transportation, noise, and water quality sediments and oceanography.” The City adopted more than 50 mitigation measures and several lease measures to reduce these impacts. China Shipping’s lease was never amended to incorporate the mitigation measures. Several measures were partially implemented; others were ignored entirely. In 2015, the City began a revised environmental analysis for the Terminal. The Board of Harbor Commissioners certified the final supplemental report in 2019. The City Council approved it in 2020, allowing the Terminal to operate under revised conditions. China Shipping refused to implement or to pay for any new measures. The Air District filed suit, seeking to set aside the Terminal's approvals and permit and nullification of the certification of the 2020 Report, to disallow continued operation of the Terminal.The Union sought permissive intervention, claiming that up to 3,075 of its members could lose their jobs. The court of appeal affirmed the denial of the Union’s motion. The Union’s interest in the case was speculative and consequential—not direct and immediate, as required for permissive intervention—and the prejudice to existing parties outweighed the reasons supporting intervention. Other parties can be counted upon to support the jobs issue. Unlike the Attorney General and the California Air Resources Board, which were permitted to intervene, the Union has no legal interest in the CEQA issues. Another intervening party would complicate the litigation. View "South Coast Air Quality Management District v. City of Los Angeles" on Justia Law

In the first suit between the parties, the state trial court entered judgment against plaintiffs in August 2018. Plaintiffs then filed this second suit in federal court, asserting the same state law claims in addition to claims under the federal Clean Water Act (CWA).The Fifth Circuit affirmed the district court's dismissal of the state law claims as precluded by res judicata; dismissal of the CWA claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim; and denial of plaintiffs' motion for injunctive relief. In this case, the non-CWA claims existed at the time of the state court judgment, and are the same as those asserted in the state court litigation. Furthermore, plaintiffs have forfeited any argument that the district court erred in dismissing the CWA allegations in the original, first, and second amended complaints. The court also affirmed the district court's denial of plaintiffs' subsequent Rule 59(e) motion for reconsideration, which included a request for leave to file a third amended complaint. View "Stevens v. St. Tammany Parish Government" on Justia Law