ENVIRONMENTAL LAW CASES

• John R. Sand & Gravel Co. v. US
• Feldman v. Bomar
• People ex rel. Gallegos v. Pacific Lumber Co.

U.S. Supreme Court, January 08, 2008
John R. Sand & Gravel Co. v. US, No. 06-1164
The special statute of limitations governing the Court of Federal Claims requires sua sponte consideration of the timeliness of a lawsuit filed in that court, despite the government's waiver of the issue. Read more...

U.S. 9th Circuit Court of Appeals, January 10, 2008
Feldman v. Bomar, No. 06-55675
In an action claiming defendants violated the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) in adopting a program to restore and protect Santa Cruz Island by, in part, eradicating its feral pig population, an appeal from a judgment for defendants is dismissed as moot as: 1) the National Park Service completely eradicated the feral pigs from the island during the pendency of the litigation; and 2) plaintiffs alleged only procedural violations in the development of the eradication program and did not seek compensation in monetary damages. Read more...

California Appellate Districts, January 10, 2008
People ex rel. Gallegos v. Pacific Lumber Co., No. A112028
In suit brought under California's Unfair Competition Law for alleged fraudulent business practices, sustaining of demurrer is affirmed over claims that the trial court erred by: 1) applying the litigation privilege under Civil Code section 47(b) and the Noerr-Pennington doctrine under federal law to defendant's alleged wrongful conduct in connection with the CEQA administrative process; and 2) deciding on demurrer as a matter of law that defendant's alleged material concealments and misrepresentations did not undermine the legitimacy of that process. Read more...