9 results for 'cat:"Environment" AND cat:"Municipal Law"'.
J. Ede reverses the district court's grant of an injunction to opponents of the Minneapolis 2040 plan in their Minnesota Environmental Rights Act suit against the city challenging the plan's implementation. The district court abused its discretion in ordering injunctive relief, namely a reversion to the city's 2030 plan, that was unsupported by evidence in the record, was based on legal error, and imposed an unnecessary hardship on the city. Reversed.
Court: Minnesota Court Of Appeals, Judge: Ede, Filed On: May 13, 2024, Case #: A23-1382, Categories: environment, municipal Law, Injunction
J. Sacks finds that a board of health’s order to the owner of an asphalt plant to cease and desist its operation is valid and reverses a judgment nulling the order. While the prior judge determined that the order was arbitrary and capricious because the board failed to provide evidence that the odor produced by the plant is injurious to the public health, the board has the authority to treat the plant as a public nuisance after residents in proximity to the plant complained of the intense odor, dizziness and eyes burning and watering. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: April 12, 2024, Case #: 23-P-629, Categories: environment, municipal Law, Zoning
J. Glasgow finds that the lower court properly ruled in favor of King County in a dispute with a company that was fined $100 for improperly disposing of its waste at a non-designated facility. The company says the code is unlawful and restricts on its right to freely dispose of its property. The code, however, is a reasonable extension of the county's right to regulate its sanitation, a right granted to local governments in Washington by their state constitution. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: February 13, 2024, Case #: 57452-7-II, Categories: environment, municipal Law
J. Lefkow denies a waste disposal company’s motion to dismiss an Illinois city’s claims that they violated the Clean Water Act by discharging pollutants into the Fox River. The waste disposal company claimed the city has no standing to bring the claim, as its drinking water intake is located almost a mile upstream from where the company allegedly discharged its pollutants. But the court disagrees, finding the company’s unpermitted discharges still occurred adjacent to city property. The court also partially grants the city’s motion to dismiss a counterclaim from the waste disposal company, seeking contributions from the city for any violations of the Comprehensive Environmental Response, Compensation and Liability Act. The court finds the city may have “owner-operator liability” for contributions, but that the waste disposal company has not adequately alleged it has “arranger” liability.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: January 9, 2024, Case #: 1:23cv3187, NOS: Environmental Matters - Other Suits, Categories: environment, municipal Law, Water
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[Consolidated.] J. Donovan reverses an order granting an environmental advocacy organization’s appeal of the New Hampshire environmental services department’s issuance of a permit to a waste management firm, which would allow the company to expand its landfill. While the advocacy organization had standing to appeal the permit, the officer hearing the appeal misinterpreted the relevant statute.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: December 28, 2023, Case #: 2022-0690, Categories: environment, municipal Law
J. Motoike finds the trial court properly denied the historic resource advocacy group’s petition for mandamus challenging the city’s approval of an application to build an extension on an existing single-family dwelling listed in the city’s “Historic Resources Inventory.” The modification is exempt from the California Environmental Quality Act’s environmental review under a historical resource exemption. This exemption is based on the city’s finding the project consistent with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties.” The renovation will not cause a substantial adverse change in the significance of the resource, and the “fair argument standard” does not apply where application of the exemption and exception depend on the same issue. Affirmed.
Court: California Courts Of Appeal, Judge: Motoike, Filed On: October 6, 2023, Case #: G061671, Categories: environment, municipal Law, Property
J. Feldman finds that the lower court improperly denied the City of Olympia's request to toss a petition challenging a city ordinance that increased the permitted types of housing in residential districts. The ordinance is exempt from legal challenges such as this under the State Environmental Policy Act. Reversed.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: June 26, 2023, Case #: 85048-2-I, Categories: environment, municipal Law, Housing
J. Gilbert finds that the trial court properly rejected a community group's petition seeking to restore a statue of Father Junipero Serra to its former location in front of city hall. The city was within its discretion under the Environmental Quality Act to find that the statue, which was a bronze replica of a previous concrete statue, had no historical significance. The city's plan calls for historic preservation, but allows for the removal of objects it finds lack historical value upon reexamination. The city's decision to remove the statue because it offended some in the community was a policy decision, not quasi-judicial. Affirmed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: June 8, 2023, Case #: B319536, Categories: environment, municipal Law