77 results for 'cat:"Environment" AND cat:"Water"'.
J. Shubb enters a consent agreement between the state corrections department and a nonprofit and county in which the department agrees to pay $1.7 million for their investigative costs and attorney fees, and will repair a wastewater system and implement a water pollution prevention plan, among other things.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: August 2, 2023, Case #: 2:20cv2482 , NOS: Environmental Matters - Other Suits, Categories: environment, Settlements, water
J. Tymkovich finds that the lower court properly ruled in favor of the government in a dispute over a water contract deal between the Bureau of Reclamation and the state of Utah over the water distribution from the Green River Basis. Environmental groups claim that the deal was approved without carrying out the proper "hard look" into how the deal would impact the environment, such as local fish. The deal does not drastically change the water or fish resources, however, because the main thrust of the deal only affects the state's point of diversion from the water source, not the amount of water to which the state is already entitled. Because of the relatively little change taking place, the methodology and materials used by the feds passes muster. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: July 10, 2023, Case #: 21-4098, Categories: environment, water, Agency
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Blake finds that a land court judge correctly determined a zoning board of appeals was wrong to deny a special permit to an applicant looking to build a pier over a saltmarsh. The area at the end of the pier, where the pier would touch the water, is a tidal flat just past the saltmarsh, not a tidal creek that is part of the saltmarsh. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: July 6, 2023, Case #: 22-P-803, Categories: environment, Zoning, water
J. Estudillo dismisses the nonprofit's claim that the school bus company and the environmental consultant violated the Clean Water Act by discharging stormwater containing unpermitted levels of pollutants into the Thea Foss Waterway, Commencement Bay and Puget Sound. The nonprofit does not establish that the environmental consultant was the school bus company's managing agent, among other deficiencies that do not sufficiently allege that the environmental consultant is liable for any alleged environmental breaches.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 30, 2023, Case #: 3:23cv5084, NOS: Environmental Matters - Other Suits, Categories: environment, water
J. Nagala grants, in part, the environmental group's motion to amend its complaint against the oil company, ruling the possibility of a severe storm striking near the refinery, which has less than adequate storm surge protection, presents a chance of "imminent injury" to the environmentalists because it could occur at any time and, therefore, gives them standing to pursue Clean Water Act claims.
Court: USDC Connecticut, Judge: Nagala, Filed On: June 23, 2023, Case #: 3:21cv932, NOS: Environmental Matters - Other Suits, Categories: environment, water
J. Whitehead grants the consent decree between the environmental group and the bakery, and dismisses with prejudice the environmental group's claim that the bakery violated the Clean Water Act by discharging polluted stormwater into navigable waters. Among other stipulations, the bakery will conduct weekly vacuum sweeping of its facility's paved parking lot and weekly hand sweeping of any areas that the vacuum sweeper cannot reach.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: June 23, 2023, Case #: 2:21cv1631, NOS: Environmental Matters - Other Suits, Categories: environment, water
J. Rice approves of the consent decree between the environmental organization and the non-profit organization regarding the environmental organization's claim that the non-profit organization, in violation of the Solid Waste Disposal Act, stored manure in inadequately lined storage lagoons that contaminated the groundwater. Among other stipulations, the non-profit organization must empty three lagoons used for manure storage by Aug. 1, 2023 for Lagoons 1 and 2 and by Sep. 30, 2024 for Lagoon 4.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 20, 2023, Case #: 1:19cv3110, NOS: Environmental Matters - Other Suits, Categories: environment, water
J. Pena finds that the trial court should have preliminarily enjoined the continued construction of a water pipeline since the utility district that granted the pipeline easement failed to comply with the Environmental Quality Act. The trial court also erred when it found that the public would not be harmed by letting the project continue. Reversed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: June 7, 2023, Case #: F084228, Categories: environment, water
J. Hart finds that the trial court properly dismissed a fisher's quiet title and declaratory relief claims to the riverbed of the Arkansas River for lack of standing. Both claims would require him to assert his own legally protected interest in the riverbed, but he instead relied on proof that the state owns the riverbed. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: June 5, 2023, Case #: 22SC119, Categories: environment, Property, water
[Consolidated.][Modified.] J. Bendix modifies a previously published opinion to clarify the extent of a regional water quality board's authority to regulate the unreasonable use of water. The trial court properly held that a regional water quality board lacked the authority to compel publicly-owned treatment facilities to recycle more of the wastewater they discharge into the Los Angeles River. The regional board is tasked with ensuring water quality, not reasonable use. But the trial court erred in directing the state water quality board to evaluate whether the discharges were reasonable and to provide the trial court with facts it could review. The state board has wide discretion over how it evaluates whether water use is reasonable, and the trial court erred in denying its demurrer. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: June 2, 2023, Case #: B309151, Categories: environment, water
J. Christensen finds in partial favor of the Forest Service Employees for Environmental Ethics’ in their lawsuit against the U.S. Forest Service for discharging aerially deployed fire retardant, on nearly 500 occasions between 2012 and 2019, into U.S. waters without a permit. The Forest Service is not enjoined from using aerial deployment of fire retardant to fight wildfires, but its discharges are still in violation of the Clean Water Act. The Forest Service is ordered to update the court every six months as it works towards obtaining the proper permit.
Court: USDC Montana, Judge: Christensen, Filed On: May 26, 2023, Case #: 9:22cv168, NOS: Environmental Matters - Other Suits, Categories: environment, water, Agency
J. Friedland dismisses an appeal challenging the district court's denial of a motion from various organizations to intervene as defendants in a lawsuit against the Bureau of Land Management challenging the grant of two rights-of-way. The first concerned the right to use an existing natural gas pipeline and the second to use that pipeline to transport water across federal lands in California. While the appeal was pending, the district court held that the decision to grant the rights-of-way was arbitrary.
Court: 9th Circuit, Judge: Friedland, Filed On: May 26, 2023, Case #: 22-55317, Categories: environment, water