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News Articles

D.C. Circuit Court Finds CERCLA Cost Recovery Claim Against the Federal Government Fails Due to Previous Clean Water Act Consent Decree

On February 14, 2020, the D.C. Circuit Court of Appeals determined that the government of Guam was unable to recover money from the U.S. Navy…

Read More 2020-03-28

California Court of Appeal Finds Certified Local Coastal Plan, Not the Coastal Act Regulation, Governs City’s Coastal Development of Housing Facility

A local interest group brought suit challenging the City of San Diego’s (City) issuance of a Conditional Use Permit (CUP) allowing the City to convert…

Read More 2020-03-28

Court of Federal Claims Rejects Takings Claims Related to Hurricane Harvey Downstream Flooding Cases

The U.S. Court of Federal Claims dismissed U.S. Constitutional Fifth Amendment takings claims related to “Hurricane Harvey” for failure to state a claim upon which…

Read More 2020-03-28

Court of Federal Claims Finds U.S. Government Liable for Upstream Flooding Caused by Dam During Tropical Storm Harvey

The U.S. Court of Federal Claims recently found that the government’s actions relating to the Addicks and Barker Dams (Dams) and the accompanying flooding of…

Read More 2020-02-21

Washington State Supreme Court Accepts Discretionary Review of Recent Ruling Invalidating Portions of State Instream Flow Rule

The Washington State Supreme Court ruled on petition from the State of Washington’s water resource agency, the Department of Ecology (Ecology), granting discretionary review of…

Read More 2020-02-21

Environmental Groups Sue Federal Agencies Over Recent Delta Biological Opinions

On December 2, 2019, several environmental organizations filed a lawsuit in the U.S. District Court for the Northern District of California challenging the Biological Opinions…

Read More 2020-02-21

California Court Upholds Urban Infill Environmentally Sensitive Area Exemption From CEQA Despite Proposed Density Falling Below General Plan

California's Fourth District Court of Appeal has upheld the City of San Diego’s (City) determination that the infill development exemption applied to a proposed development…

Read More 2020-02-21

Relating to the Santa Maria Valley Groundwater Basin, California Court Finds Issue of Future Prescriptive Rights Not Ripe for Review

Appellant landowners filed a motion seeking to clarify that an amended judgment would protect their overlying water rights from future prescription by other water users.…

Read More 2020-02-21

U.S. District Court Enjoins Trump Administration’s Reallocation of Military Construction Funds to Build Border Wall

The U.S. District Court for the Northern District of California has ruled that the Trump administration’s reallocation of military construction funds to build a “border…

Read More 2020-02-21

Tenth Circuit Holds EPA Exceeded Its Statutory Authority Regarding Extensions to Small Refinery Exemptions from Renewable Fuel Standards

The Tenth Circuit has held that the U.S. Environmental Protection Agency (EPA) impermissibly exceeded its statutory authority in approving extensions to the small refinery exemptions…

Read More 2020-02-21