Justia Environmental Law Opinion Summaries

In 2010, the city certified an environmental impact report (EIR) and approved a specific plan for property located next to San Francisco Bay. CCCR challenged the plan under the California Environmental Quality Act (Pub. Resources Code 21000, CEQA). The court identified deficiencies in the EIR. The city prepared a recirculated EIR (REIR) that remedied the deficiency. The REIR found the specific plan could have significant impacts due to the destruction of endangered species habitats and discussed the impacts of climate change and sea-level rise. The city certified the final REIR, readopted the 2010 specific plan, and executed a development agreement. In 2016, the city approved a subdivision map for 386 housing units. In 2019, another subdivision map proposed 469 additional residential lots. The city prepared a checklist comparing the REIR’s analysis of the specific plan with the impacts of the subdivision map and concluded the proposed subdivision would be consistent with the specific plan, and that no changed circumstances or new information required additional environmental review. The city posted the checklist for public comment, responded to comments, then approved the subdivision map.The court of appeal affirmed. The project was exempt from further CEQA review under Government Code 65457 because it implemented and was consistent with the specific plan. Substantial evidence supports the conclusion that no project changes, changed circumstances, or new information required additional analysis. The deferral of analysis of potential flood control projects to address sea-level rise in the latter half of this century was proper. View "Citizens' Committee to Complete the Refuge v. City of Newark" on Justia Law

The Supreme Court affirmed the order of the Water Court that adjudicated the priority dates for certain of its water rights in Basin 40B in Petroleum County, holding that the Water Court did not err.Specifically, the Supreme Court held that the Water Court (1) did not err in concluding that the water rights to much of the irrigated acreage owned by Twin Creeks Farm & Ranch had been abandoned been the initial claimed priority date of 1903 and later irrigation development around 1968; and (2) was correct to grant Twin Creeks an implied claim with a 1968 priority date rather than tying the later irrigated acreage to the original 1903 claim. View "Twin Creeks Farm & Ranch, LLC v. Petrolia Irrigation District" on Justia Law

In two consolidated cases, petitioners seek review of the Forest Service and BLM's decisions to allow the Mountain Valley Pipeline to cross three and a half miles of the Jefferson National Forest in Virginia and West Virginia. The Fourth Circuit previously vacated the agencies' records of decision (RODs) because the Forest Service and the BLM failed to comply with the National Environmental Policy Act (NEPA), the National Forest Management Act (the NFMA), and the Mineral Leasing Act (the MLA). Petitioners argue that the agencies' renewed RODs after remand also violate NEPA, the NFMA, and the MLA.The Fourth Circuit concluded that the Forest Service and the BLM inadequately considered the actual sedimentation and erosion impacts of the Pipeline; prematurely authorized the use of the conventional bore method to construct stream crossings; and failed to comply with the Forest Service's 2012 Planning Rule. Accordingly, the court granted the petitions for review as to those errors; denied the petitions for review in regard to petitioners' remaining arguments about the predecisional review process, alternative routes, and increased collocation; vacated the decisions of the Forest Service and the BLM; and remanded for further proceedings. View "Wild Virginia v. United States Forest Service" on Justia Law

BP retained the Responders (O’Brien’s and NRC) for nearly $2 billion to assist with the cleanup of the Deepwater Horizon oil spill. Thousands of the Responders' workers filed personal injury lawsuits against BP, which were consolidated and organized into “pleading bundles.” The B3 bundle included “all claims for personal injury and/or medical monitoring for exposure or other injury occurring after the explosion and fire of April 20, 2010.” In 2012, BP entered the “Medical Settlement” on the B3 claims with a defined settlement class. The opt-out deadline closed in October 2012. The Medical Settlement created a new type of claim for latent injuries, BackEnd Litigation Option (BELO) claims. After the settlement, plaintiffs could bring opt-out B3 claims if they did not participate in the settlement, and BELO claims if they were class members who alleged latent injuries and followed the approved process. Responders were aware of the settlement before the district court approved it but neither Responder had control over the negotiations, nor did either approve the settlement.In 2017, BP sought indemnification for 2,000 BELO claims by employees of the Responders. The Fifth Circuit held that BP was an additional insured up to the minimum amount required by its contract with O’Brien’s; the insurance policies maintained by O’Brien’s cannot be combined to satisfy the minimum amount. O’Brien’s is not required to indemnify BP because BP materially breached its indemnification provision with respect to the BELO claims. View "O'Brien's Response Management, L.L.C. v. BP Exploration & Production, Inc." on Justia Law

The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff's administrative appeal from the decision of the Connecticut Siting Council approving the application of NTE Connecticut, LLC (NTE) seeking a certificate of environmental compatibility and public need for the construction of an electric generating facility in the town of Killingly, holding that there was no error.Plaintiff, a nonprofit organization, appealed the council's decision to the trial court, arguing that the council improperly refused to consider the environmental impact of installing a gas pipeline to its proposed facility when weighing the public benefit of the facility against its probable environmental impact. The trial court dismissed the appeal, concluding that the council was not required to consider the impact of the gas pipeline. The Supreme Court affirmed, holding that the trial court correctly determined that the council’s refusal to consider the potential environmental impact of the gas pipeline during the proceedings on NTE’s application for a certificate was not arbitrary or capricious. View "Not Another Power Plant v. Connecticut Siting Council" on Justia Law

Plaintiff Richard Daniels appealed a trial court's grant of summary judgment in favor of defendants Attorney James Goss, Attorney Matthew Hart, and law firm Facey Goss & McPhee P.C. (FGM), arguing the court erred when it concluded he could not prove defendants caused his injury as a matter of law. Defendants represented plaintiff in a state environmental enforcement action where he was found liable for a hazardous-waste contamination on his property. On appeal, plaintiff claimed defendants failed to properly raise two dispositive defenses: the statute of limitations and proportional liability. After review, the Vermont Supreme Court concluded plaintiff would not have prevailed on either defense if raised and therefore affirmed the grant of judgment to defendants. View "The Estate of Richard S. Daniels, by and through Julie Lyford in her capacity as Executor et al." on Justia Law

In 2010, real parties in interest applied to the City of Santa Cruz to construct a 40-unit development on a parcel of land located at 1930 Ocean Street Extension. Following an initial mitigated negative declaration and years of litigation surrounding the impact of the nearby crematory at Santa Cruz Memorial Park, in 2016, the real parties in interest renewed their interest in moving forward with their project. As required by the California Environmental Quality Act (CEQA), the project applicant and the City of Santa Cruz prepared and circulated the initial study, the draft environmental impact report (EIR), the partially recirculated draft EIR, and the final EIR. Following a public hearing, the city council adopted a resolution to certify the EIR and to adopt Alternative 3, a 32-unit housing project. The Ocean Street Extension Neighborhood Association (OSENA) filed a petition for writ of mandamus, alleging the City of Santa Cruz and its city council violated CEQA and the Santa Cruz Municipal Code in approving the project. The trial court concluded the City had complied with CEQA, but it determined the City violated the municipal code, and it issued a limited writ prohibiting the City from allowing the project to proceed unless and until it followed the municipal code and the court was satisfied with its compliance. Following entry of judgment, OSENA appealed, arguing the court erred by concluding the City complied with CEQA’s requirements. OSENA contended the City violated CEQA by: (1) insufficiently addressing potentially significant biological impacts and mitigation measures in the initial study rather than in the EIR directly; (2) establishing improperly narrow and unreasonable objectives so that alternative options could not be considered meaningfully; and (3) failing to address cumulative impacts adequately. The City cross-appealed, contending the court incorrectly concluded it violated the municipal code by granting a planned development permit without also requiring the project applicant to comply with the slope modifications regulations After review, the Court of Appeal agreed with the City, and affirmed that portion of the trial court's order and judgment concluding it complied with CEQA. The Court reversed the portion of the order and judgment concluding the City violated its municipal code. View "Ocean Street Extension Neighborhood etc. v. City of Santa Cruz" on Justia Law

The Wild Fish Conservancy (WFC) challenged the Washington Department of Fish and Wildlife's (WDFW) approval of a permit that allowed Cooke Aquaculture Pacific LLC to change fish species to commercially farm steelhead trout in Puget Sound. The WFC alleged: (1) WDFW’s conclusion that an environmental impact statement (EIS) was not required was clearly erroneous; and (2) WDFW violated the State Environmental Policy Act (SEPA) by failing to consider and disclose appropriate alternatives to the proposal under RCW 43.21C.030(2)(e). The WFC asked the Washington Supreme Court to reverse the permit approval and order WDFW to complete an EIS. The superior court found WDFW’s SEPA analysis was not clearly erroneous and the steelhead permit application did not trigger RCW 43.21C.030(2)(e). Finding no reversible error in that judgment, the Supreme Court affirmed. View "Wild Fish Conservancy v. Dep't of Fish & Wildlife" on Justia Law

The federal government used the 433-acre Institute Facility for synthetic rubber production during World War II. In 1947, UCC purchased the Facility and began manufacturing hydrocarbon and agricultural products. In 1986-2015, the property was owned and operated by various companies, before ownership returned to UCC, a subsidiary of Dow Chemical. In 1984, UCC applied for a permit to operate hazardous waste management units, under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901. The EPA published a report documenting groundwater contamination at the Facility. Since 1988, as part of the permitting process, the EPA instituted corrective actions at the Facility to address groundwater contamination. In 2013, the West Virginia Department of Administration transferred land to West Virginia State University (WVSU), so that WVSU was immediately adjacent to the Facility. WVSU refused to sign an environmental covenant agreeing not to use the groundwater and ultimately filed suit in state court, asserting state and common law claims and seeking remedial measures, beyond those recommended by the EPA.Defendants removed the action to federal court invoking federal question jurisdiction, diversity jurisdiction, and federal officer jurisdiction, 28 U.S.C. 1331, 1332, 1441, 1442, and 1446. The Fourth Circuit affirmed a remand to state court. Defendants were not “acting under” the “subjection, guidance, or control” of the EPA. There is no federal question jurisdiction, 28 U.S.C. 1331, over WVSU’s state claims because they neither challenge an EPA-directed CERCLA “cleanup” under nor arise from RCRA remedial measures and, thus, are not preempted. View "West Virginia State University Board of Governors v. The Dow Chemical Co." on Justia Law

In the early 1900s, New York City used a Brooklyn powerhouse to provide electricity for its trolley system. In 1940, the City took ownership of the power plant and removed a smokestack, placed it in the building's basement, on top of a mechanical system that was insulated with friable asbestos-containing material, and buried it under a concrete slab. Enterprises acquired the property in 1986. An asbestos inspection by the city revealed that the property was contaminated with PCBs. The property was placed on New York’s Registry of Inactive Hazardous Waste Disposal Sites, rendering it effectively worthless. The state began remediation in 2015. The discovery of the buried smokestack and friable asbestos-containing material postponed the project indefinitely. New York City continued to tax the property according to its “best intended use” as a warehouse. Rather than paying the taxes or properly challenging their validity, Enterprises ignored them. The taxes became liens.In 2018, Enterprises filed for Chapter 11 bankruptcy and initiated an adversary proceeding against the city, alleging “continuous trespass,” and seeking a declaratory judgment that the city is responsible for the hazardous waste and resulting damage and improperly taxed the property. The bankruptcy court dismissed the adversary proceeding. The Eleventh Circuit affirmed. Even assuming the latest possible date of discovery, Enterprises’ trespass claim is time-barred. The Bankruptcy Abuse Prevention and Consumer Protection Act, 11 U.S.C. 505(a)(2)(C), prohibited the court from redetermining the tax assessments. View "5200 Enterprises Ltd. v. City of New York" on Justia Law