Justia Government & Administrative Law Opinion Summaries

The U.S. Fish & Wildlife Service (the “Service”) approved the original Grizzly Bear Recovery Plan in 1982 and revised it in 1993. Since 1993, the Service has issued several Plan Supplements that provide habitat-based recovery criteria for identified recovery zones. The district court entered summary judgment against the Center for Biological Diversity (the “Center”) because it found that the Plan was not a “rule” subject to a petition for amendment under 5 U.S.C Section 553(e). It also found that it lacked jurisdiction to review the denial of the petition under the citizen-suit provision of the ESA, 16 U.S.C. Section 1540(g)(1)(C), because the Center did not allege that the Service failed to perform any nondiscretionary duty.   The Ninth Circuit affirmed, on different grounds, the district court’s summary judgment against the Center. The panel affirmed on the ground that Administrative Procedure Act (“APA”) review was not available because, even assuming the Plan was a “rule,” the denial of the Center’s petition was not “final agency action.” Because the Center did not claim that the Service’s denial of its petition was otherwise reviewable by statute, the sole issue is whether the denial of the petition is “final agency action.” Because the term “rule” under the APA is defined broadly, the panel assumed that a recovery plan fit under this broad umbrella. The panel concluded that a decision not to modify a plan was not a final agency action. Because the Center’s suit did not challenge a final agency action, the district court was not authorized to review the denial of the petition under Section 704 of the APA. View "CENTER FOR BIO. DIVERSITY V. DEB HAALAND, ET AL" on Justia Law

Defendant Department of General Services and real party Joint Committee on Rules of the California State Senate and Assembly (collectively DGS) prepared an environmental impact report (EIR) to determine the environmental effects of a project they proposed which would significantly affect the California State Capitol Building in Sacramento (Historic Capitol). DGS would demolish the State Capitol Building Annex attached to the Historic Capitol and replace it with a larger new annex building, construct an underground visitor center attached to the Historic Capitol’s west side, and construct an underground parking garage east of the new Annex. Plaintiffs Save Our Capitol! and Save the Capitol, Save the Trees filed petitions for writ of mandate contending the EIR did not comply with the California Environmental Quality Act (CEQA). The trial court denied the petitions. Plaintiffs appealed the judgment, arguing: (1) the EIR lacked a stable project description; (2) the EIR did not adequately analyze and mitigate the project’s impacts on cultural resources, biological resources, aesthetics, traffic, and utilities and service systems; (3) the EIR’s analysis of alternatives to the project was legally deficient; and (4) DGS violated CEQA by not recirculating the EIR a second time before certifying it. The Court of Appeal reversed in part, finding the EIR’s project description, analyses of historical resources and aesthetics, and analysis of alternatives did not comply with CEQA. Judgment was affirmed in all other respects. View "Save Our Capitol! v. Dept. of General Services" on Justia Law

Plaintiffs Citizens for Constitutional Integrity and Southwest Advocates, Inc. appealed the rejection of their challenges to the constitutionality of the Congressional Review Act (CRA), and Senate Rule XXII, the so-called Cloture Rule, which required the votes of three-fifths of the Senate to halt debate. The Stream Protection Rule, 81 Fed. Reg. 93,066 (Dec. 20, 2016), heightened the requirements for regulatory approval of mining-permit applications. The Rule was promulgated by the Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (the Office) in the waning days of the Obama Administration. Within a month of the Stream Protection Rule taking effect on January 19, 2017, both Houses of Congress had passed a joint resolution disapproving the Rule pursuant to the CRA, and President Trump had signed the joint resolution into law. According to Plaintiffs, the repeal of the Rule enabled the approval of a 950.55-acre expansion of the King II Coal Mine (the Mine), located in La Plata County, Colorado, and owned by GCC Energy. Plaintiffs filed suit in the United States District Court for the District of Colorado against the federal government and several high-ranking Department of the Interior officials in their official capacities (collectively, Defendants) seeking: (1) a declaration that the CRA and the Cloture Rule were unconstitutional and that the Stream Protection Rule was therefore valid and enforceable; (2) vacation of the approval of the King II Mine permit modification and an injunction against expanded mining activities authorized by the modification; and (3) attorney fees. The Tenth Circuit Court of Appeals rejected plaintiffs' challenges to the CRA and held that they lacked standing to challenge the Cloture Rule. View "Citizens for Constitutional, et al. v. United States, et al." on Justia Law

Plaintiff began working as an environmental, safety, and health specialist at Targa’s Venice, Louisiana plant. He alleged that Targa violated the Louisiana Environmental Whistleblower Statute (“LEWS”) by discharging him after he refused and reported a manager’s directive to dilute sewage samples. The district court denied Targa’s motion for summary judgment and, following a bench trial, rendered judgment for Plaintiff. Targa argues on appeal that Plaintiff’s report of the manager’s directive and refusal to comply do not constitute “protected activities” under LEWS.     The court certified questions to the Louisiana Supreme Court, explaining that certification is necessary because the court lacks clear guidance from the Louisiana Supreme Court on how to resolve these issues, and the outcome is determinative of the entire appeal. The certified questions are: (1) Whether refusals to engage in illegal or environmentally damaging activities are “disclosures” under the current version of the Louisiana Environmental Whistleblower Statute, La. Stat. Ann. 30:2027; and (2) Whether the Louisiana Environmental Whistleblower Statute affords protection to an employee who reports to his supervisor an activity, policy, or practice of an employer which he reasonably believes is in violation of an environmental law, rule, or regulation, where reporting violations of environmental law, rules, or regulations, is a part of the employee’s normal job responsibilities. View "Menard v. Targa Resources" on Justia Law

Petitioners Shrimpers and Fishermen of the RGV, Sierra Club, and Save RGV from LNG (collectively, “Petitioners”) challenge the issuance of a Clean Water Act (“CWA”) permit by the U.S. Army Corps of Engineers (the “Corps”). Petitioners allege that the Corps’ permit issuance violated the CWA and its implementing regulations.   The Fifth Circuit denied the petition for review, holding that the Corps approved the least environmentally damaging practicable alternative presented before it during the permitting process and did not act arbitrarily in its evaluation of pipeline construction impacts and mitigation efforts. The court explained Petitioners’ first set of arguments centers on the Corps’ estimation that restoration will occur within one year. They state that the Corps did not consider the full construction period when quantifying the duration of impacts, which they allege is improper. However, they supply no evidence that the construction period must be, or even that it typically is, included when assessing whether impacts are temporary.   Further, the Corps’ analysis also comports with the EIS, which estimates that herbaceous vegetation will regenerate “within 1 to 3 years.” The EIS estimation necessarily includes the finding that vegetation may revegetate in one year, as the Corps concluded. Finally, the EPA feedback Petitioners relied upon does not consider the approved compensatory mitigation plan or the special conditions of the permit because the comments are from 2015 and 2018— well before the current permit (and even the original permit) was approved. The Corps considered this feedback and aligned its ultimate approach with the EPA’s recommendations. View "Shrimpers v. United States Army Corps" on Justia Law

For years the parties in this case litigated the propriety of a proposed development in the Wolf Creek Ski Area—which the US Forest Service managed. The proposed development was a plan for highway access known as “the Village at Wolf Creek Access Project.” Plaintiff challenged this plan because of alleged environmental risks to the surrounding national forest. The highway-access litigation continued, but relevant here was a 2018 FOIA request Plaintiff submitted asking Defendant for “all agency records regarding the proposed Village at Wolf Creek Access Project.” Plaintiff’s request caused an enormous undertaking by Defendant. The statute instructed government agencies to use reasonable efforts to produce responsive records upon request. Beyond that, FOIA also exempted nine categories of records from public disclosure. Plaintiff requested and received voluminous records under FOIA, but claimed Defendants United States Forest Service (“USFS”) and United States Department of Agriculture (“USDA”) abused these statutory limitations to hide information about projects that harmed the environment. The district court rejected Plaintiff’s speculative theory and found USFS’s efforts to comply with Plaintiff’s FOIA request reasonable. Finding no reversible error in that judgment, the Tenth Circuit affirmed. View "Rocky Mountain Wild v. United States Forest Service, et al." on Justia Law

Before registering a pesticide, EPA must consult with the statutorily specified agencies that have expertise on risks to species’ survival. But for decades, the EPA skipped that step when it registered pesticides, including those at issue in this case. After the EPA went ahead and approved the five registrations, the Conservation Groups petitioned the D.C. Circuit court to invalidate them. The parties then jointly requested that the court hold the petitions in abeyance to allow for settlement negotiations.The parties arrived at the terms of a settlement allowing the registrations to stand if EPA fulfills core ESA obligations by agreed deadlines. As a condition of their settlement agreement’s binding effect, the parties then jointly moved for an Order returning the cases to abeyance until the specified deadlines to afford EPA time to comply with the parties’ settlement terms.The D.C. Circuit agreed with the Order of Consent and held in the case in abeyance. However, the court dismisses as moot the challenge to the registration of cuprous iodide based on the parties’ report that EPA has complied to their satisfaction with the proposed settlement regarding that pesticide ingredient. View "Center for Biological Diversity v. EPA" on Justia Law

This matter involved permits issued by the Department of Environmental Protection (the Department) to Gibraltar Rock, Inc., a Pennsylvania corporation seeking to operate a quarry on a 241-acre property in New Hanover Township (the Township). The Environmental Hearing Board (Board) rescinded the permits finding that their issuance was inconsistent with statutory and regulatory requirements. The Commonwealth Court reversed the Board’s decision for reasons that were never raised by the parties, including that the Board’s opinion effectuated an unconstitutional taking. Based on its review, the Pennsylvania Supreme Court found that the Commonwealth Court erred in considering issues not raised by Gibraltar and then by reversing the Board’s rescission of the permits. The Court therefore vacated the order of the Commonwealth Court and remanded for the Commonwealth Court to consider the issue raised in Gibraltar’s petition for review. View "Gibraltar Rock v. Dept. of Env. Protection" on Justia Law

In 2003, JCJIC proposed a 312-unit apartment complex on 15.45 acres of vacant land along the Petaluma River. In 2008, after starting a draft environmental impact report (DEIR), for compliance with the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000), Petaluma adopted General Plan 2025. In response, JCJIC submitted an application for a 278-unit complex. After conducting site visits, the California Department of Fish and Wildlife, the Regional Water Quality Control Board, and the National Oceanic and Atmospheric Administration Fisheries Service identified the issues the EIR should address. A “Habitat Mitigation Monitoring Plan” was incorporated. In 2018, the DEIR was published. JCJIC provided consultant studies regarding environmental impacts, including on “Special Status Species.” The Planning Commission considered traffic impacts, floodplain impacts, and decreased quality of neighborhood life. City Council members requested supplemental documentation and authorized the preparation of a final EIR. JCJIC further reduced the proposal to 205 units; reduced the height of buildings; increased setbacks from the River; and implement a “Traffic Calming Plan.” The Final EIR concluded the revisions eliminated or reduced several potential significant impacts. In 2020, JCJIC submitted another plan with 180 units.Objectors disputed the adequacy of the EIR’s special status species analysis and failure to analyze emergency evacuations. The City Council certified the EIR and approved zoning amendments. The trial court and court of appeal upheld the approvals. View "Save North Petaluma River and Wetlands v. City of Petaluma" on Justia Law

This case involves an appeal and cross-appeal following the trial court’s determination that the Department of Toxic Substances Control (the Department) acted within its authority and properly complied with the California Administrative Procedure Act (APA; Gov. Code, Section 11340 et seq.) but violated the California Environmental Quality Act (CEQA; Pub. Resources Code, Section 21000 et seq.) when it enacted a regulation listing spray polyurethane foam systems containing unreacted methylene diphenyl diisocyanates (spray foam systems) as a priority product under California’s “Green Chemistry” law. Appellants, in this case, American Chemistry Council (ACC) and General Coatings Manufacturing Corp. (General Coatings) challenge the Department’s actions on two grounds. First, listing spray foam systems as a priority product was in excess of the Department’s authority under the Green Chemistry law. Second, the Department violated the APA in multiple ways when enacting the listing regulation.   The Fifth Appellate District reversed the trial court’s finding of a CEQA violation on the ground that the claim was untimely under the statute of limitations. The court held that the judgment is affirmed with respect to the first, second, and third causes of action seeking relief based on allegations the Department exceeded its authority through the listing determination and allegations the Department violated the APA. The judgment is reversed with respect to the fourth cause of action, under CEQA, and remanded with instructions that the trial court dismiss the claim as untimely. View "Am. Chemistry Council v. Dept. of Toxic Substances Control" on Justia Law