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Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

by Best Best & Krieger LLP on

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

D.C. District Court Determines that Dakota Access Environmental Assessment was Inadequate

On June 14, 2017, the District Court for the District of Columbia issued a decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. The Court found that the Army Corps of Engineers (“the Corps”) had not...more

DOJ to No Longer Allow Settlements to Include Contributions to Third Parties, Thereby Threatening the Future of SEPs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could...more

To Disclose or Not to Disclose? D.C. Circuit Resolves Clash Between FOIA’s Exemption 4 and Section 308 of the Clean Water Act

by K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a significant decision addressing the interplay between a confidentiality provision in the Freedom of Information Act (“FOIA”), known as “Exemption 4,” and a...more

Responding to environmental incidents?

by Dentons on

Will regulators be able to access all your documents? In March the Munich offices of international law firm Jones Day, were raided by prosecutors in the VW emissions investigation. This breach of the law firm citadel has...more

Impact of Ninth Circuit Upholding Biological Opinion for Silver State South Solar Project in Nevada

by Perkins Coie on

In Defenders of Wildlife v. Zinke, the U.S. Court of Appeals for the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the...more

Life, Liberty, and…IPRs? SCOTUS to Weigh in on Constitutionality of Inter Partes Review Proceedings

by Bryan Cave on

Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more

DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements

by Downey Brand LLP on

On June 7, 2017, the United States Department of Justice (DOJ) issued a policy memorandum dated June 5, 2017 that prohibits the allocation of settlement funds to non-governmental, third-party organizations, as a condition of...more

U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

by Liskow & Lewis on

In Settoon Towing, L.L.C. v. Marquette Transportation Company, L.L.C., No. 16-30459 (5th Cir. Jun. 9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil...more

California Court Of Appeal Rejects Citizens Group Nuisance Case Regarding Sea Lion Stench

Citizens for Odor Nuisance Abatement v. City of San Diego, 8 Cal. App. 5th 350 (Cal. Ct. App. 2017). The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego could not be held...more

Fifth District Grants Rehearing, Vacates Prior Published Opinion, and Issues Slightly Modified Published Opinion in POET II CEQA...

by Miller Starr Regalia on

On May 2, 2017, the Fifth District Court of Appeal vacated its earlier order and writ, and on May 5 it granted Respondents’ request for rehearing in the CEQA litigation entitled Poet, LLC v. State Air Resources Board, et al....more

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

by Latham & Watkins LLP on

As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

Ozark Society Lacks Standing To Pursue Injunctive Relief

In Ouachita Watch League, et al., v. U.S. Forest Service, et al., decided May 30, the U.S. Court of Appeals for the Eighth Circuit dismissed for lack of jurisdiction an appeal of the District Court’s ruling that the plaintiff...more

Riverkeeper Groups Still Seeking to Remove ADEM Authority over NPDES Permits

In a continuation of an ongoing battle, seven environmental groups (Cahaba Riverkeeper, Choctawatchee Riverkeeper, Friends of Hurricane Creek, Black Warrior Riverkeeper, Friends of the Locust Fork River, Alabama Rivers...more

NEPA Victory for Freeway Infrastructure Project in Riverside County - BB&K Team Represents RCTC in Mid County Parkway Project...

by Best Best & Krieger LLP on

Best Best & Krieger LLP environmental attorneys successfully defended a freeway infrastructure project in Riverside County from a series of challenges brought under the National Environmental Policy Act. Partners Michelle...more

Treaty Obligations to Protect Fish Habitat From Degradation Upheld

by Perkins Coie on

In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...more

Ninth Circuit Expands Tribal Treaty Rights in Culvert Decision That Threatens Economic and Industrial Development on Fish-Bearing...

by Stoel Rives LLP on

In the matter of United States et al. v. Washington, case number 13-35474, the U.S. Court of Appeals for the Ninth Circuit concluded in 2016 that in building and maintaining barrier culverts, the State of Washington had...more

Transnational Class Action Dispute Over Oil Spill Commenced in Australia

by Jones Day on

Following the 2009 Montara Oil Field oil spill in the Timor Sea, an Indonesian seaweed farmer brought a class action in Australia against the operator of the Montara Oil Field. The action was commenced on behalf of a class of...more

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

by Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

From Mass to Class: Freeman v. Grain Processing Corporation

by McGuireWoods LLP on

Over the past two decades, large agricultural operations have become a popular target for plaintiffs’ attorneys. Bringing claims under common law causes of action like negligence, trespass, and especially nuisance based on...more

Emails With An Environmental Consultant Are Not Protected by the Attorney-Client Privilege, But May Be Protected Under the...

by Freeborn & Peters LLP on

A federal district court in Indiana recently ruled on whether email communications with environmental contractors hired by an attorney are protected from discovery. In Valley Forge Ins. Co. v. Hartford Iron & Metal, Inc., No....more

San Mateo Gardens Teaches College District a Lesson on Picking Thorny Subsequent Review Procedure

by Beveridge & Diamond PC on

The California Supreme Court recently addressed an important California Environmental Quality Act (CEQA) issue: Who decides whether CEQA’s subsequent review provisions are applicable when there are changes to an adopted...more

DC Circuit Considers Scope of FOIA Exemption 9

Federal government records, including business records submitted to the government, are subject to disclosure under the federal Freedom of Information Act (FOIA). However, FOIA exempts nine categories of government records...more

Appellate Court Holds That Mandatory Relief is Unavailable Because of Recording Error - Trial Court Ruled on Partial Record After...

by Holland & Knight LLP on

In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., No. B271350 (Cal. Ct. App. 2nd District, April 13, 2017), The Urban Wildlands Group Inc. (Urban Wildlands) filed a petition for writ of mandate and a complaint...more

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