6 results for 'cat:"Environment" AND cat:"Transportation"'.
J. Mann finds that the lower court misinterpreted the language of new permit rules set out by the state regarding stormwater runoff. The lower court found that the permit rules, which state that transportation facilities must obtain coverage under the stromwater runoff permit, only apply to "limited portions of the covered transportation facilities." But that interpretation does not take into consideration a broader reading of the rules' language, and when taken together, the permit rules make it clear that the rules apply to an entire transportation facility. Reversed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: March 18, 2024, Case #: 85665-1-I, Categories: environment, transportation
J. Calabretta denies, in part, California Air Resources Board officials’ motion to dismiss two railroad associations’ challenges to new locomotive regulations. The associations have sufficiently pleaded their claims related to idling requirements, reporting and recordkeeping requirements, and an administrative payment provision.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 16, 2024, Case #: 2:23cv1154, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, environment, transportation
J. O'Rourke holds that the trial court must revisit an Environmental Quality Act challenge to the approval of a supplemental environmental impact report for a shipping container terminal at the Port of Los Angeles. The trial court found that emissions mitigation measures in the report were unenforceable, in violation of the Act. But it erred in limiting the range of remedies it could impose on the port to ordering a revised report, while allowing continued operations at the terminal. The port abused its discretion in making a greenhouse gas offset fund a term of the terminal's lease instead of enforcing it as a mitigation measure. And it failed to support its decision to reduce the compliance rate with a requirement for vessels to slow down near the port. Reversed.
Court: California Courts Of Appeal, Judge: O'Rourke, Filed On: January 22, 2024, Case #: D080902, Categories: environment, transportation
[Consolidated.] J. Wilkins vacates, in part, the Surface Transportation Board's order approving a new rail line in the Uinta Basin in Utah, along with the underlying environmental impact statement and biological opinion. The board fails to show it weighed both the environmental impact of the new railway with its potential economic benefits. Vacated in part.
Court: DC Circuit, Judge: Wilkins, Filed On: August 18, 2023, Case #: 22-1019 , Categories: environment, transportation
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J. Slough finds that the trial court supported its decision not to award attorney fees to a homeowners' association that sued to stop the extension of a highway with evidence that a transportation agency decided not to extend the highway for reasons other than the association's litigation. The agency's costs award was within the trial court's discretion. However, environmental groups that were also parties to the litigation may be entitled to attorney fees since they defended the government's power to protect wildlife habitat, which is an important public interest. Reversed in part.
Court: California Courts Of Appeal, Judge: Slough, Filed On: July 3, 2023, Case #: E077153, Categories: environment, transportation, Attorney Fees