Justia Environmental Law Opinion Summaries

Appellants Monterey Coastkeeper (Coastkeeper) and others were dissatisfied with how the respondent State Water Resources Control Board (State Board) and the regional water boards, including respondent Central Coast Regional Water Quality Control Board (Central Coast Board), controlled water pollution resulting from agricultural runoff through the permitting process. Appellants filed an action seeking, among other things a declaratory judgment and writ of traditional mandamus regarding the water permits governed under Water Code section 13300. Specifically, the third cause of action in their first amended complaint sought traditional mandamus and declaratory relief regarding respondents’ alleged failure to comply with the State Board’s Nonpoint Source Pollution Control Policy (NPS Policy) in the permitting process, while the fourth cause of action sought traditional mandamus directing the State Board to comply with the public trust doctrine. They appealed when the trial court sustained a demurrer without leave to amend their third and fourth causes of action, contending the trial court erred regarding both the NPS Policy and public trust doctrine, and erred in denying them leave to amend the complaint. The Court of Appeal determined declaratory relief was not available because appellants failed to present a controversy susceptible to definitive and conclusive relief by declaratory judgment, and they did not identify a clear rule that was ignored or improperly applied. "Mandamus is likewise unauthorized as appellants attack respondents’ exercise of discretion rather than a failure to perform a ministerial duty or a quasi-legislative action. Since appellants assert no more than an abstract right to amend, it was within the trial court’s discretion to dismiss without leave to amend." View "Monterey Coastkeeper v. Central Coast Reg. Wat. Quality Control Bd." on Justia Law

TCI Pacific Communications, LLC (“TCI”) appealed a district court’s judgment holding it liable to Cyprus Amax Minerals Co. (“Cyprus”) for contribution under 42 U.S.C. sections 9601(9)(B), 9607(a), and 9613(f) of the Comprehensive Environmental Response and Liability Act (“CERCLA”). This case involved claims brought by Cyprus to determine whether TCI could be held liable for environmental cleanup costs relating to zinc smelting operations near Collinsville, Oklahoma. The Bartlesville Zinc Company, a former subsidiary of Cyprus’s predecessor, operated the Bartlesville Zinc Smelter (the “BZ Smelter”) from 1911 to 1918, near Collinsville, Oklahoma. TFMC owned and operated another zinc smelter (the “TFM Smelter”) from 1911 to 1926. This case does not concern cleanup work at either smelter, but rather is an action by Cyprus seeking cost recovery and contribution for its remediation in the broader Collinsville area, within the Collinsville Soil Program (“CSP”) Study Area. Cyprus sought to hold TCI liable as a former owner or operator of the TFM Smelter whose waste was located throughout the CSP Study Area. The district court granted partial summary judgment to Cyprus and pierced the corporate veil to hold TCI’s corporate predecessor, the New Jersey Zinc Company (“NJZ”), liable as the alter ego of the Tulsa Fuel & Manufacturing Co. (“TFMC”). The district court then interpreted CERCLA and held that TCI was liable as a former owner/operator of a CERCLA “facility.” Finding no reversible error in the district court's judgment, the Tenth Circuit affirmed. View "Cyprus Amax Minerals Company v. TCI Pacific Communications" on Justia Law

The Ninth Circuit affirmed the district court's grant of summary judgment in favor of the Service in an action challenging the Service's "barred owl removal experiment," which was designed to protect the northern spotted owl, a threatened species under the Endangered Species Act (ESA). The panel held that this experiment will produce a "net conservation benefit" under the plain language of the ESA’s implementing regulations because it allows the agency to obtain critical information to craft a policy to protect threatened or endangered species. The panel also held that the Service did not have to conduct a supplemental environmental impact statement under the National Environmental Policy Act (NEPA) because it had adequately contemplated this experiment in its earlier analysis. Accordingly, the Service complied with both the ESA and NEPA in issuing the permits and safe harbor agreements. View "Friends of Animals v. United States Fish and Wildlife Service" on Justia Law

The Supreme Court held that the authority of the Board of Land and Natural Resources (BLNR) to issue revocable permits is subject to the environmental review requirements of the Hawai'i Environmental Policy Act (HEPA), Haw. Rev. Stat. ch. 343.At issue was the water rights for 33,000 acres of land in the Ko'olau Forest Reserve and Hanawi Natural Area Reserve. In 2000, the BLNR approved the issuance of four revocable water permits to Alexander & Baldwin, Inc. (A&B) and East Maui Irrigation Co., Ltd. (EMI). The BLNR subsequently continued the permits. Petitioners brought this action alleging that the renewal of the revocable permits required the preparation of an environmental assessment pursuant to the HEPA. The circuit court granted summary judgment for Petitioners, concluding that the continuation decision was not a HEPA action but that the revocable permits were invalid because they exceeded the BLNR's authority under Haw. Rev. Stat. 171-55. The Supreme Court remanded the case, holding (1) the revocable permits were not authorized under section 171-55; and (2) the circuit court erred in holding that there was no "action" within the meaning of Haw. Rev. Stat. 343-5(a) and that HEPA's environmental review process was thus inapplicable. View "Carmichael v. Board of Land & Natural Resources" on Justia Law

The Eleventh Circuit vacated the district court's order dismissing, based on lack of standing, plaintiffs' action alleging that Sea Island did not comply with the Clean Water Act’s permitting process. The court concluded that Plaintiff Fraser adequately alleged a concrete injury to her aesthetic interest in the wetland and therefore the court need not address plaintiffs' remaining arguments. In this case, Fraser adequately alleged that she suffered an injury to her aesthetic interests in the wetland because she has viewed the wetland, derived aesthetic pleasure from its natural habitat and vegetation, and now derives less pleasure from the unnatural grasses and lawn placed on the wetland. Therefore, Fraser's allegations are sufficient to establish an injury in fact at this stage, and the district court erred in concluding otherwise. The court remanded for further proceedings. View "The Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC" on Justia Law

The California Coastal Act of 1976 (Pub. Resources Code 30000) requires a coastal development permit (CDP) for any “development” resulting in a change in the intensity of use of, or access to, land or water in a coastal zone. In December 2018, Los Angeles adopted the Home-Sharing Ordinance, imposing restrictions on short-term vacation rentals, with mechanisms to enforce those restrictions. Objectors sought to enjoin enforcement of the Ordinance in the Venice coastal zone until the city obtains a CDP, claiming the Ordinance constituted a “development” requiring a CDP.The trial court denied relief, finding the petition time-barred by the 90-day statute of limitations in Government Code section 65009, and that the Ordinance does not create a change in intensity of use and, therefore, is not a “development” requiring a CDP. The court of appeal affirmed, agreeing that the 90-day statute of limitations applies, rather than the three-year statute of limitations in Code of Civil Procedure section 338(a). The court did not address whether the Ordinance constitutes a “development” subject to the CDP requirements of the Coastal Act. View "Coastal Act Protectors v. City of Los Angeles" on Justia Law

The question this case presented for the Court of Appeal was whether a watermaster appointed by the trial court to implement and administer a water rights decree had the right to appeal the trial court’s orders interpreting the decree on the grounds the watermaster disagrees with the trial court’s interpretation and the orders would increase the watermaster’s administrative burdens and costs. The Court of Appeal concluded the watermaster did not have the right to appeal because the watermaster was not aggrieved by the trial court’s interpretation of the water users’ rights under the decree. View "Dow v. Lassen Irrigation Company" on Justia Law

The Supreme Court affirmed the district court's summary judgment order affirming a decision by the Montana Department of Environmental Quality (DEQ) to issue a mining permit to Glacier Stone Supply, Inc. and an ensuing order denying the motion to supplement the administrative record filed by Henry and Diane Belk, holding that there was no error.At issue on appeal was whether the district court erred in its interpretation of a Montana Environmental Policy Act (MEPA) provision concerning regulatory impacts on private property rights. The Supreme Court affirmed the district court's judgment, holding that the district court (1) did not err in concluding that the DEQ's analysis of regulatory impacts was sufficient under Mont. Code Ann. 75-1-201(1)(b)(iv)(D); (2) did not err in granting summary judgment to DEQ on its compliance with MEPA; and (3) did not err in denying the Belks' motion to supplement the record. View "Belk v. Montana Department of Environmental Quality" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Keep the North Shore Country's (KNSC) appeal from the decision of the Board of Land and Natural Resources approving Applicant's habitat conservation plan and authorizing Applicant to take fewer than two and a half Hawaiian hoary bats per year, holding that there was no error.To operate a proposed wind farm, Applicant was required to obtain an incidental take license as part of a habitat conservation plan approved by the Board. KNSC opposed the application citing the wind farm's potential impact on the ope'ape'a, the Hawaiian hoary bat. The Board approved the plan and authorized Applicant to take up to fifty-one ope'ape'a over the course twenty-one years. The Supreme Court affirmed, holding (1) the circuit court properly applied the clear error standard in reviewing KNSC's challenges based on mixed questions of law and fact; (2) substantial evidence supported the Board's conclusions; and (3) there was no other error in the Board's proceedings. View "Keep the North Shore Country v. Board of Land & Natural Resources" on Justia Law

Appellant Save the El Dorado Canal sought reversal of a judgment entered after the trial court denied its petition for writ of mandate. The petition challenged certification of an environmental impact report (EIR) and approval of a project under the California Environmental Quality Act (CEQA). The challenged project, the Upper Main Ditch piping project, was approved by the El Dorado Irrigation District and the El Dorado Irrigation District Board of Directors (collectively, respondents). On appeal, appellant contended respondents’ approval of the challenged project violated CEQA because: (1) the EIR failed to provide an adequate project description because it omitted “a crucial fact about the ditch the District proposes to ‘abandon,’ ” i.e., “the Main Ditch system is the only drainage system” for the watershed; and (2) the EIR failed to adequately analyze the impacts of abandonment to hydrology, biological resources, and risks associated with wildfires. The Court of Appeal affirmed, finding respondents did not abuse their discretion in approving the Blair Road alternative. The draft and final EIR’s adequately apprised respondents and the public about both the nature of the watershed and the fact that the District would no longer maintain the abandoned portion of the Upper Main Ditch. These environmental documents also adequately analyzed the Blair Road alternative’s impacts to hydrology, biological resources, and risks associated with wildfires. View "Save the El Dorado Canal v. El Dorado Irrigation Dist." on Justia Law