Friday, April 8, 2011

FindLaw Environmental Law Summaries - April 04-April 08, 2011

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Weekly Opinion Summaries
Environmental Law

April 04-08, 2011 Weekly Environmental Law Newsletter
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Environmental Law

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Environmental Law

United States Ninth Circuit, 04/07/2011
Gardner v. US Bureau of Land Management, No. 09-35647
In action for declaratory and injunctive relief to compel the defendant to prohibit off-road vehicle use on a mountain trail under its care, summary judgment in favor of defendant is affirmed because the defendant was not required to make a finding that the use of off-road vehicle caused considerable adverse effects to trail and where denial of petition on the matter by defendant was not arbitrary and capricious. Read more...

United States Ninth Circuit, 04/07/2011
Karuk Tribe v. US Forestry Serv., No. 05-16801
In a dispute brought by a tribe involving mining in the Klamath River and alleging violations of Section 7 of the Endangered Species Act (ESA), 16 U.S.C. section 1536(a)(2), summary judgment by district court that a decision permitting a mining operation to proceed on the sole basis of a Notice of Intent (NOI) is affirmed because the NOI process does not constitute an agency action as defined under the ESA, such that an interagency consultation is mandatory. Read more...

California Court of Appeal, 04/04/2011
Newton-Enloe v. Horton, No. F060147
In an action to compel the Department of Public Health to prepare and submit to the Legislature a safe drinking water plan as required by Health and Safety Code section 116355, denial of a petition for a writ of mandate is reversed where trial court failed to determine, as a threshold matter, whether petitioner met the requirements of CCP section 1085. Read more...

California Court of Appeal, 04/05/2011
Santa Monica Baykeeper v. City of Malibu, No. B222776
In a dispute arising from a challenge to the adoption of an environmental impact report (report) and approval of a park project by defendant based on the report, judgment of trial court denying petition for a writ of mandate is affirmed where dispute regarding construction-related impacts is moot because project was completed during pendency of appeal and conclusions drawn by report are supported by substantial evidence. Read more...

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