Justia Government & Administrative Law Opinion Summaries

In May 2011, plaintiffs, six Alaskan children acting through their guardians, filed suit against the State of Alaska, Department of Natural Resources, seeking declaratory and equitable relief. The plaintiffs contended that the State breached "its public trust obligations [under] [a]rticle VIII of the Alaska Constitution" by failing "to protect the atmosphere from the effects of climate change and secure a future for Plaintiffs and Alaska's children." The minors argued that the superior court erred when it dismissed their complaint on grounds that their claims were not justiciable, specifically, that the claims involved political questions best answered by other branches of state government. The Supreme Court concluded the claims for declaratory relief did not present political questions, and affirmed their dismissal, because in the absence of justiciable claims for specific relief, a declaratory judgment could not settle the parties' controversy or otherwise provide them with clear guidance about the consequences of their future conduct. View "Kanuk v. Alaska, Dept. of Natural Resources" on Justia Law

Plaintiffs Elaine and Gerald Rominger challenged a mitigated negative declaration approved by defendant Colusa County with respect to a subdivision proposed by real party in interest Adams Group Inc. The trial court denied the Romingers’ petition based on the conclusion that, notwithstanding the county’s approval of a mitigated negative declaration, the county’s "action in approving the subdivision map was not a project for CEQA purposes and [thus] no review beyond the preliminary review stage was required." The Court of Appeal concluded the trial court erred in determining the proposed subdivision was not a CEQA project, even though the proposal did not include any specific plans for development. On independent review of the Romingers’ other complaints, however, the Court found merit in only one: the Romingers adequately showed there was substantial evidence in the record that the subdivision may have had a significant unmitigated impact on traffic at a particular intersection adjacent to the project site. Accordingly, on that basis only, the Court reversed and remanded for the preparation of an environmental impact report (EIR). View "Rominger v. County of Colusa" on Justia Law

The California Coastal Commission appealed the grant of the writ of mandamus directing it to remove three conditions from a coastal development permit amendment issued to respondents Barbara Lynch and Thomas Frick. The Commission contended respondents waived any challenge to these conditions by signing and recording documents agreeing to them and then accepting the benefit of the permit by completing their project. The Commission further contended the conditions were valid and supported by substantial evidence. The Court of Appeal agreed with both contentions and reversed the judgment.View "Lynch v. California Coastal Commission" on Justia Law

The Indiana Department of Environmental Management (IDEM), Indiana’s environmental agency, revised its interpretation of the regulatory term “chemical process plants.” After IDEM issued operating permits to two companies for ethanol and ethanol production facilities, NRDC sought administrative review of both permits based on the interpretation of the term “chemical process plants.” The Indiana Office of Environmental Adjudication (OEA) ordered the permits remanded to IDEM. The companies and others sought judicial review of the OEA order. The trial court reversed the OEA. The Supreme Court affirmed, holding (1) IDEM was not required to formally amend Indiana’s State Implementation Plan to effectuate its change in how it interprets the regulatory phrase “chemical process plant”; and (2) IDEM’s new interpretation was reasonable and supported the issuance of the permits in this case.View "Nat. Res. Defense Council v. Poet Biorefining- North Manchester, LLC" on Justia Law

This case concerned the City's approval of a residential infill development project in downtown Fresno to build 28 two-story townhouses. The trial court decided that the City violated certain procedural requirements of the California Environmental Quality Act (CEQA), Public Resources Code 21000 et seq., in approving the project, but applied the correct legal standards in determining the two houses at issue were not "historical resources" protected by CEQA. The court concluded that CEQA allows a local lead agency, such as the City, to delegate the authority to approve a mitigated negative declaration and a project to a nonelected decisionmaking body such as the Preservation Commission. In this case, the Fresno Municipal Code did not actually authorize the Preservation Commission to complete the environmental review required by CEQA and approve the mitigated negative declaration. Therefore, the Preservation Commission's approval of the mitigated negative declaration did not comply with CEQA. In regards to historical resources, the court confirmed the statutory analysis in Valley Advocates v. City of Fresno and concluded that the substantial evidence test, rather than the fair argument standard, applies to a lead agency's discretionary determination of whether a building or district is an historical resource for purposes of CEQA. Therefore, the trial court did not err when it applied the substantial evidence test to the City's determination that no historical resources were impacted by the project. Accordingly, the court affirmed the judgment of the district court.View "Citizens etc. L Street v. City of Fresno" on Justia Law

This case centered on a disputed permit for a wastewater system and potable water supply granted to applicants David and Martha Musto for a home on Lake Bomoseen. Next-door neighbor Carolyn Hignite appealed the environmental court's decision to deny her request to revoke the permit issued to applicants in 2009, and to dismiss her direct appeal of the permit. Applicants cross-appealed the environmental court's holding that neighbor had standing to appeal in either instance. Along with her brothers, Hignite was part owner of a lake property that has been in their family for sixty-two years. Applicants' property is a .38-acre lot on the western shore of the lake, which contained a single-story seasonal camp of about 960 square feet. In 2009, applicants submitted a permit application to the Agency of Natural Resources (ANR) to replace the camp's septic system and on-site water supply. On the permit application, applicants described the project as the "reconstruction of a 3 bedroom year-round single use family residence using a new wastewater disposal system and drilled bedrock water supply well." ANR issued the requested permit to applicants on March 30, 2009. In August 2009, Hignite filed a petition with ANR to revoke the permit, claiming that applicants submitted false or misleading information on the permit application regarding the number of bedrooms in the camp. ANR held a hearing in May 2010, and denied neighbor's petition to revoke the permit. Hignite subsequently appealed the permit to the environmental court in 2010, over a year after the permit was issued to applicants. Hignite also appealed ANR's denial of revocation in 2013. The environmental court reviewed both cases de novo but did not conduct a new hearing, instead basing its review on exhibits and testimony from the ANR hearing, as the parties stipulated. Hignite appealed the court's decision on both dockets. Finding no reversible error, the Supreme Court affirmed the court's holding in both of the neighbor's appeals.View "In re Musto Wastewater System" on Justia Law

Biodiversity Conservation Alliance challenged a United States Forest Service decision modifying trail use in the two-million-acre Medicine Bow National Forest in southern Wyoming. The Forest Service formally closed several hundred miles of unauthorized motorized trails, but allowed motorcycle use on an approximately five-mile trail in the Middle Fork Inventoried Roadless Area and several connecting trails. The Alliance argued the Forest Service did not properly consider the impacts on wetlands and non-motorized recreation in reaching its decision, and should have found that significant impacts required the preparation of an Environmental Impact Statement under the National Environmental Policy Act (NEPA). Upon review, the Tenth Circuit concluded the Forest Service's Environmental Assessment adequately supported its finding that the proposed decision would have no significant impacts on wetlands or other users of the Middle Fork IRA. Accordingly, the Court affirmed the district court and upheld the Forest Service decision. View "Biodiversity Conservation v. United States Forest Service" on Justia Law

The Occupational Safety and Health Administration ("OSHA") issued Austin Industrial Specialty Services, L.P. a citation for violations of hazardous-chemical regulations promulgated under the Occupational Safety and Health Act. After a hearing, the administrative law judge affirmed two items in the citation: (1) failure to identify and evaluate respiratory hazards in the workplace; and (2) failure to provide employee training regarding certain hazardous chemicals. The ALJ vacated the other three items. The Occupational Safety and Health Review Commission denied discretionary review, and Austin filed a petition in this court, seeking to overturn the administrative law judge's decision on several grounds. Finding no reversible error, the Fifth Circuit denied Austin's petition. View "Austin Industrial Spclt Svc v. OSHC, et al" on Justia Law

Petitioners challenged the Commission's approval of a proposal for the construction of a natural gas compressor station in the Town of Minisink, New York. Petitioners argued, among other things, that the Commission's approval of the project was arbitrary and capricious, particularly given the existence of a nearby alternative site (the Wagoner Alternative) they insist is better than the Minisink locale. The court concluded that the Commission's consideration of the Wagoner Alternative falls within the bounds of its discretion and the court had no basis to upset the Commission's application of its Section 7 of the Natural Gas Act, 15 U.S.C. 717-717z, authority on this point; the court was satisfied that the Commission properly considered cumulative impacts of the Minisink Project; the court reject petitioners' argument that the Minisink Project violates the siting guidelines; and the court rejected petitioners' claims of procedural errors. Accordingly, the court denied the petitions for review. View "Minisink Residents for Enviro., et al. v. FERC" on Justia Law

Avenal Power filed suit seeking to compel EPA to issue a Prevention of Significant Deterioration Permit under the old applicable air quality standards that would have applied had EPA acted within the statutory deadline. EPA eventually granted Avenal Power the Permit without regard to the new regulations. Petitioners challenged EPA's action. As a preliminary matter, the court concluded that petitioners had associational standing. On the merits, the court held that the Clean Air Act, 42 U.S.C. 7475(c), unambiguously requires Avenal Power to demonstrate that the Avenal Energy Project complies with the regulations in effect at the time the Permit is issued; because Congress has directly spoken to the precise question at issue in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., EPA cannot grant the petition for review; and, therefore, the court vacated the decision to issue the permit and remanded for further proceedings. View "Sierra Club v. EPA" on Justia Law