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Environmental Law

[11/28] Albany Eng'g Corp. v. Fed. Energy Regulatory Comm'n
In a case involving the reimbursement by downstream licensees of upstream dam operators for "headwater benefits" conferred by those dams, petition for review of a FERC order allowing state regulation of the reimbursements is granted, and order reversed in part, where section 10(f) of the Federal Power Act preempts state law over compensation for headwater benefits, and FERC's interpretation to the contrary was unreasonable.

[11/24] Friends of Riverside's Hills v. City of Riverside
In petition challenging defendant-city's decision to approve three tract maps within a specific area without requiring the applicant to comply with all conditions of approval and mitigation measures, dismissal of plaintiff's petition for writ of mandate is affirmed where: 1) the 90-day service of summons requirement of section 66499.37 applied to California Environmental Quality Act (CEQA) causes of action concerning a subdivision, because the requirement did not conflict with CEQA procedures such that CEQA actions would be excepted from the broad and well-established rule that any type of action challenging a decision under the SMA must comply with the 90-day requirement; 2) plaintiff's CEQA cause of action concerned a subdivision because it overlapped with the other SMA causes of action in the petition and could have been brought under the Subdivision Map Act (SMA); and thus 3) the trial court did not err when it dismissed the entire petition.

[11/20] Consumer Advocacy Group, Inc. v. Exxonmobil Corp.
In a private enforcement action under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act), grant of summary judgment in favor of defendant-Exxonmobil is reversed and remanded where: 1) the issues in the present action were not identical to those resolved in the prior action; and 2) the trial court erred in granting full summary judgment based on res judicata.

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