In Ctr. for Cmty. Action & Envtl. Justice v. FAA (9th Cir. Nov. 18, 2021, Nos. 20-70272, 20-70464) ___F.3d___ [2021 U.S. App. LEXIS 34541], the 9th Circuit held that the National Environmental Policy Act (NEPA) does not require an agency to explain why its impact conclusions differed from CEQA analysis of the same project, nor
Lake Norconian Club Foundation v. Department of Corrections & Rehabilitation, 39 Cal. App. 5th 1044
The California Department of Corrections (Department) operates a prison next to the historic Lake Norconian Club, a former resort and hotel constructed in the 1920’s. The Department used the building as a drug rehabilitation facility, and later, as prison
In Japanese Village, LLC v. Federal Transit Administration, 2016 U.S. App. LEXIS 21700, the Ninth Circuit affirmed the district court’s rulings and rejected NEPA challenges to the Los Angeles Metropolitan Transportation Authority’s (“Metro”) approval for a 1.9-mile light rail extension line in downtown Los Angeles. The project was proposed to be funded by the
In Imperial County, just north of the Mexican border, lies the Imperial Sand Dunes Planning Area, a 227,000-acre tract of desert, of which 214,930 acres is managed by the Bureau of Land Management (BLM). This swath of land is home to the Algodones Dunes, the largest active sand dune system in the United States. A
The City of Fresno’s Fulton Street lies in the heart of its downtown and was once a bustling commerce center lined with numerous retailers. Suburbanization drew those retailers to the periphery of town in the 1950s. In the early 1960s, in an attempt to revive its urban core, the City turned Fulton Street into Fulton
In Jamul Action Committee v. Chaudhuri, 2016 U.S. App. LEXIS 13104, the Ninth Circuit held that the National Environmental Protection Act (NEPA) did not apply to the Jamul Indian Village Casino project in Jamul, California due to an irreconcilable timing conflict between NEPA and the Indian Gaming Regulatory Act (IGRA).
The Jamul Indian Village (Tribe),
In Idaho Conservation League v. Bonneville Power Administration, 2016 U.S. App. LEXIS 11175, the Ninth Circuit rejected a National Environmental Protection Act (“NEPA”) challenge to changes in the operation of the Albeni Falls Dam.
The Dam, constructed in 1957 as part of the Federal Columbia River Power System, helps provide power to the Pacific Northwest.
In a published opinion, San Diego Navy Broadway Complex Coalition v. United States Department of Defense, 2016 U.S. App. LEXIS 5813, the Ninth Circuit affirmed the district court and rejected a National Environmental Protection Act (NEPA) challenge to the redevelopment of the San Diego Navy Broadway Complex (Complex), a fifteen-acre waterfront site adjacent to downtown
In Alaska Wilderness League v. Sally Jewell, 2015 U.S. App. LEXIS 9755, a coalition of environmental groups sued various administrative agencies following their approval of Shell Gulf of Mexico, Inc.’s (Shell’s) Oil Spill Response Plans (OSRPs) for their planned oil rigs in Alaska’s arctic coast.
OSRPs are mandated under a combination of both the
In Alliance for the Wild Rockies v. U.S. Department of Agriculture, 2014 U.S. App. LEXIS 21949, the Ninth Circuit Court of Appeals affirmed in part and reversed in part an environmental advocacy groups’ challenge to a management plan for bison herds in Yellowstone National Park. While the court reversed several procedural determinations of the