recent environmental law cases
The jurisdiction of the ICJ is limited. The lawsuit is filed under California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) and seeks a court order to provide warnings about the diesel engine exhaust by the time the next school year starts. For cases previously reported, please refer to the Weekly Cases archives. ELF’s case would enforce the state’s own policy that requires making this data available to the public. With Rose, Klein & Marias, LLP and The Law Office of Gideon Krakov, ELF is suing potato chip manufacturers and California retailers for failing to warn consumers about high levels of a cancer-causing chemical, acrylamide, in potato chips. The cases listed below appear in the most recent issue of ELR's Weekly Update. This is a series of Proposition 65 cases concerning lead in balsamic wine vinegar. NEPA mandates a case-by-case balancing judgment on the part of federal agencies; in each case, the particular economic and technical benefits of an action must be weighed against the environmental costs. The lawsuit alleges that Laidlaw operates unsafe, polluting school buses. of Mfrs. Environmental Law Reporter The Best Legal Resource on Earth. Sierra Club v. Morton is one of the most important environmental cases in U.S. history. The challenge to the court order is currently being fought in the appellate court, but we believe that the superior court’s ruling was soundly based and will withstand the challenge. On May 8, 2015, the Environmental Law Foundation, in cooperation with California Rural Legal Assistance and the First Amendment Project, filed a lawsuit seeking an end to the Central Coast Regional Water Quality Control Board’s policy of keeping groundwater pollution data secret. Thirdly, we take a look at the recent surge in environmental litigation and at attempts in specific case law to refer States and polluters to court for breach of environmental responsibilities. The lawsuit is filed under the False Claims Act and seeks payment to the District for substandard services. Environmental Framework 2; Land Use and Planning 14; Marine and Coastal 5; Mining 1; Pollution and Waste 5; Water 2; International instruments 4; Provincial Legislation 18. Both acts effectively ban all suction dredge mining on all waters throughout the state of California until the Department of Fish and Game conducts an environmental review of its permitting program, adopts new regulations that protect fish and their habitat from the harmful impacts of suction dredging, and all challenges to those new regulations are resolved. This lawsuit is in regards to a planned Disney ski resort in the Mineral King Valley inside Sequoia National Forest. In an unpublished opinion, the Ninth Circuit affirmed a district court's denial of a motion to preliminarily enjoin a timber harvest and road construction project in the Idaho Panhandle National Forests. 2. Finally, the Forest Service has not ensured that all discharges from mining operations it has or will authorize or allow will comply with all applicable water quality standards and requirements, in violation of the Clean Water Act and the Organic Act. This lawsuit seeks to enforce California's powerful right-to-know law, Prop 65, which requires that manufacturers warn consumers when their products expose them to cancer-causing chemicals. The agency is mandated to ensure there won’t be degradation to the natural resources which includes the salmon and their habitat. Eastern Cape 5; Free State 2; Gauteng 2; KwaZulu-Natal 2; Limpopo 2; Mpumalanga 2; North West 5; Northern Cape 2; Western Cape 5; Judgments 252. Forming a key part of international law, 177 cases have been entered onto the General List for consideration before the court.. In 2018, in a case known as Massachusett’s Lobstermen’s Association v. Wilbur Ross, plaintiffs argued that waterways do not fall under the original scope of the Antiquities Act. Two cases were decided in the U.S. Supreme Court. By the time the fight for the Franklin River began, environmental activists were disempowered. The turning point to save the Franklin came when UNESCO declared the Franklin area a World Heritage site and when the ne… All rights reserved. The majority of cases are in the field of public law, though there is a notable Court of Appeal decision on the law of nuisance, addressing some fundamental issues of … Environmental groups first argued the district court erred in finding that they failed to... A district court granted fishermen's motion for summary judgment in a challenge to an NMFS rule that would close their swordfish fishery if they accidentally killed or injured too many marine mammals or turtles, and vacated the rule. A month later, Governor Schwarzenegger signed a new bill that required even current permit holders to immediately cease all suction dredge mining. On January 22, 2018, the Court issued a unanimous opinion in the Clean Water Act (CWA) case, Nat’l Assoc. The global movement to protect the environment began to show signs of life in the 1980s, at a time when the Supreme Court of India was having an awakening of its own. CBD sued power companies for the operation of aging wind turbines on Altamont Pass, which kill thousands of raptors and other birds each year, on the theory that their operation violates the public trust doctrine. Practical Guidance Environmental law allows you to acquire an understanding of the latest South African environmental legislation and general obligations, thereby providing clarity and relevant resources surrounding the laws that regulate the impact of human activities on the environment. Environmental Law Reporter The Best Legal Resource on Earth, EPA Environmental Appeals Board Decisions, EPA Administrative Law Judge RCRA Decisions, International Update Archive (2010-present), United States v. State Water Resources Control Board, Clark Fork Coalition v. Montana Department of Natural Resources and Conservation. After appeals from both sides, the Supreme Court contested that the Sierra Club had no right to sue — it only had an interest in t… ELF continues to work on improving environmental quality for communities and consumers by providing access to information and through the enforcement of environmental, toxics, and right-to-know laws. The Forest Service’s actions violate numerous federal environmental laws. The lawsuit is filed under California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) and seeks a court order to provide warnings about the diesel engine exhaust by the time the next school year starts. However, the next Term of the Court promises to be more active in these areas. We're building the case for a better earth. JZ Knight v. City of Yelm et al. Where EPA is named as a defendant, the Department of Justice provides EPA's legal defense. Along with these failures, the Forest Service is allowing these operations to proceed without the required consultation with NOAA Fisheries/National Marine Fisheries Service and/or Fish and Wildlife Service, as required by Section 7 of the Endangered Species Act to ensure the agency’s action will not jeopardize the listed Coho salmon and other listed species and/or their habitat. Supreme Court No. The most popular common subjects of eco lawsuits include water, wildlife, and land pollution, protection, and access rights. The Forest Service’s failure to properly regulate mining in these watersheds threatens Tribal Trust Resources, threatens the Tribe’s efforts to restore these fisheries to subsistence harvest levels, and violates the federal government’s trust responsibilities owed to the Tribe. A district court upheld the legality of the monuments. Complaint against Borges UCA, Inc. et al. On March 28, 2018, ELF filed suit against the California State Water Resources Control Board, asking the court to invalidate a general permit for agriculture in the Central Valley that permits growers to keep key water quality data secret. In 2004, federal courts issued 26 substantive decisions involving implementation of the National Environmental Policy Act (NEPA) by federal agencies. This lawsuit hopes to protect the Scott River through better groundwater management by these responsible public entities. The claims involved in this case address the failure to comply with the Northwest Forest Plan's protection of old growth forests snags, and riparian areas; NEPA's requirement to consider a reasonable range of alternatives; NFMA's requirement to maintain viable populations of species, and to comply with state water quality laws; and the CWA's requirement to comply with state water quality standards. By Sheppard Mullin on June 29, 2011 Posted in Environmental, Natural Resources and Endangered Species, Recent Cases - Natural Resources and Endangered Species By Keith Garner The U.S. Supreme Court recently decided to hear two environmental cases in its 2011-2012 term, which begins in October. Two former Laidlaw mechanics are joined by ELF in litigation against Laidlaw Transit, Inc. (now First Student Inc.) for violating its contract with the San Francisco Unified School District. 21 The claims in this case concerned a tourism project on the Pacific coast of Costa Rica. ELF is joined by Our Children’s Earth Foundation and Communities for a Better Environment in litigation against Laidlaw Transit, Inc. and Durham School Services, two of the largest school bus contractors in North America, for failing to warn parents that children who ride diesel buses are exposed to diesel engine exhaust, a mixture of chemicals known to cause cancer. Earthjustice was founded on the belief that everyone has the right to a healthy environment. This list includes cases in active litigation; see also our list of prior cases. The cases illustrate the continued broad scope of environmental litigation over a wide range of subject matter. On March 28, 2018, ELF filed suit against the California State Water Resources Control Board, asking the court to invalidate a general permit for agriculture in the Central Valley that permits growers to keep key water quality data secret. California voters gave themselves the right to know about carcinogens in food in 1986, however, powerful junk food companies have been lobbying to keep this information under wraps and warnings off potato chip bags. Wells from this underground gas storage reservoir are leaking and releasing BTEX into the Ballona, Silverado and Gage Aquifers, which are protected sources of drinking water under California’s water quality protection plan.