Lawsuit

Breaking: Supreme Court takes up Clean Water Act Case

The below excerpt from Scotusblog can be found HERE. The Clean Water Act bars the discharge of any pollutant into “navigable waters” without a permit. In its lone grant on today’s order list, the Supreme Court agreed to decide whether a violation of the CWA occurs only when a pollutant is released directly into navigable […]

GAO Rules Army Corps’ Evaluation of Enviro Project Bid was “Unreasonable and Inconsistent”

In a January 16, 2019 decision made public this past Wednesday, the U.S. Government Accountability Office (“GAO”) sustained Bristol Environmental Remediation Services, Inc.’s (“Bristol”) bid protest, ruling that the U.S. Army Corps of Engineers (“Corps”) unfairly rejected Bristol’s proposal for an environmental cleanup and munitions response contract. Despite presenting the cheapest proposal among the other […]

Colorado Mineral Owners Allege “Forced Pooling” Violates Procedural Due Process & First Amendment Rights

Colorado mineral owners filed a federal lawsuit against the Colorado Oil and Gas Conservation Commission (the “COGCC”) this past Wednesday, asserting that the COGCC’s authority to allow companies to drill on objecting residents’ land is unconstitutional. Colorado Rising, the activist group backing the lawsuit, recently suffered defeat of its November ballot measure that would have […]

PG&E Sued by Butte County for Camp Fire

Butte County sued Pacific Gas & Electric Co. (“PG&E”) in California state court over the fire that ravaged the county and killed 86 people in November 2018. The complaint explains a history of leaks, fires, and explosions surrounding PG&E’s facilities going back to 1981. PG&E has been subject to fines, penalties, and convictions over prior […]

Supreme Court Overturns EIR for the Friant Ranch Project

The California Supreme Court released its long-pending opinion in Sierra Club v. County of Fresno (No. S219783) on December 24, 2018. The County of Fresno certified an Environmental Impact Report for the 942-acre, 2,500 unit project known as Friant Ranch. Project opponents challenged the project on numerous grounds. The California Supreme Court granted review from […]

Judge Denies Motion to Dismiss CWA Groundwater Pollution Case

Last Thursday, U.S. District Judge William G. Young denied a motion to dismiss in a lawsuit brought by the Conservation Law Foundation against Wychmere Beach Club alleging that the Cape Code resort polluted waterways. Judge Young stated that the Foundation’s case could hinge on the “hydrologic connection” theory, under which theory the Clean Water Act […]

Supreme Court: Property Rights Reign over Dusky Gopher Frog

The U.S. Supreme Court released its decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service (“USFWS”) that resulted in a significant victory for private property rights. Using common sense, the Supreme Court interpreted the Endangered Species Act (“ESA”) to allow critical habitat designations only in areas that the USFWS determines are actually habitat for […]

Trump Lifts Habitat Protections for Sage Grouse

On Thursday, December 6, 2018, the Bureau of Land Management (“BLM”) released proposals that would revise conservation efforts for the sage grouse made under the Obama administration. The changes are being made to enhance cooperation with Western states, and ease restrictions on oil and natural gas drilling, mining, and other activities. In 2017, the Trump […]

CEQA: Sixth District Court of Appeal Rejects Appeal on MND

The Sixth District Court of Appeal filed a decision heavy on writ procedure in the case Alliance of Concerned Citizens Organized for Responsible Development on November 26, 2018 (Case No. H044410). The heavy focus on procedure in the Court’s decision doesn’t make for the most exciting reading, but the decision contains an important reminder for […]

PG&E Sued for Camp Fire, Gov. Brown Also Under Fire

Pacific Gas and Electric (“PG&E”) recently closed a $25 million deal to end a lawsuit over a 2015 wildfire in northern California (finalized 11/13/18). On the same day, victims of the Camp Fire in Butte County sued accusing the utility of negligence and blaming it for the fire. Victims stated that the company’s failure to […]

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