California Case Summaries

Environmental Law

Primary practice area

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Rinnai America Corp. v. South Coast Air Quality Management District — Federal Energy Law Does Not Preempt SCAQMD’s Zero-NOx Gas Appliance Rule

automatic / July 2, 2026

The Ninth Circuit, 2-1, holds that the Energy Policy and Conservation Act (EPCA) does not preempt the South Coast Air Quality Management District's Rule 1146.2, which phases in zero-NOx emission standards for gas water heaters and boilers to bring the Los Angeles Basin into compliance with federal ozone standards under the Clean Air Act.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Environmental Law

Rinnai America Corp. v. South Coast Air Quality Management District — Federal Energy Law Does Not Block California’s Zero-Emission Appliance Rules

automatic / July 2, 2026

The Ninth Circuit ruled 2-1 that the federal Energy Policy and Conservation Act (EPCA) does not preempt SCAQMD's Rule 1146.2, which phases out gas-fired water heaters and boilers across Southern California to achieve compliance with federal ozone standards — dealing a major setback to appliance manufacturers challenging the ban.

3rd District Court of Appeal, Administrative Law, Environmental Law, Tax (non-estate)

Garst v. Tehama County Flood Control District — Countywide Groundwater Registration Charge Is an Unconstitutional Tax

automatic / June 29, 2026

The Third District struck down a Tehama County groundwater district's per-acre annual charge as an unconstitutional tax rather than a valid regulatory fee, ruling that Proposition 26 bars a fee imposed on parcels with no groundwater wells for a well-registration program that provides no direct service to those parcels.

4th District Court of Appeal, Administrative Law, Environmental Law, Litigation

Protect Our Communities Foundation v. City of San Diego — SDG&E Franchise Upheld; CEQA, Prop. 26, and Charter Bidding Challenges Rejected

automatic / June 26, 2026

The Fourth District upholds the City of San Diego's 20-year gas and electric franchise agreements with SDG&E, rejecting challenges under CEQA, Proposition 26, and the City Charter's competitive bidding rules, while striking a supermajority termination clause as inconsistent with the Charter.

California Supreme Court, Administrative Law, Environmental Law

Sunflower Alliance v. Department of Conservation — California Supreme Court Clarifies CEQA Class 1 Exemption Turns on Change in Use, Not Environmental Risk

automatic / June 25, 2026

The California Supreme Court holds that CEQA's class 1 categorical exemption — covering 'negligible or no expansion of existing or former use' — asks whether the change in use is negligible, not whether the project poses negligible environmental risk.

2nd District Court of Appeal, Administrative Law, Environmental Law

Sable Offshore Corp. v. California Coastal Commission — Coastal Commission May Issue Cease-and-Desist Order When County Declines Enforcement

automatic / June 17, 2026

The Second District affirmed a preliminary injunction upholding the Coastal Commission's cease-and-desist order against Sable Offshore's Las Flores Pipeline repairs, holding that a county's decision not to require permits qualifies as 'declining to act' under the Coastal Act — triggering the Commission's independent enforcement authority.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Yurok Tribe v. Klamath Water Users Association — Ninth Circuit Holds Endangered Species Act Applies to Bureau of Reclamation’s Klamath Project Operations

automatic / June 17, 2026

The Ninth Circuit affirmed that the Endangered Species Act's mandatory consultation requirements apply to the Bureau of Reclamation's operation of the Klamath Project, a major federal water management initiative in Northern California and Southern Oregon, rejecting the Klamath irrigation districts' argument that the ESA cannot limit water releases already required by contract.

Ninth Circuit Court of Appeals, Environmental Law, Litigation

Forward, Inc. v. MacOmber — General Supervisory Authority Over State Agencies Is Not Enough to Sue State Officials Under Federal Environmental Law

automatic / June 9, 2026

The Ninth Circuit holds that a landfill owner suing California's CDCR Secretary and DGS Director for RCRA hazardous waste violations ran into Eleventh Amendment immunity because general supervisory authority over agencies is not a "fairly direct" connection to the specific violations required to sustain a citizen suit against state officials.

1st District Court of Appeal, Civil Procedure, Environmental Law, Litigation

Baker v. Bay Area Toll Authority — CEQA Challenge to Bay Bridge’s Bay Lights 360 LED Installation Is Time-Barred and Precluded

automatic / June 5, 2026

The First District affirms that a CEQA challenge to the Bay Bridge's Bay Lights 360 LED installation is time-barred, holding that a subsequent Caltrans encroachment permit does not create a new project or restart the limitations period, and issue preclusion bars relitigating questions resolved in an earlier dismissed suit.

1st District Court of Appeal, Environmental Law, Litigation

Chemical Toxin Working Group v. Best Naturals — Court of Appeal Rules Substantial Compliance Applies to Proposition 65 Pre-Suit Notices

automatic / May 22, 2026

California's First District Court of Appeal holds that the doctrine of substantial compliance applies to Proposition 65 pre-suit notice requirements, reversing a trial court that dismissed a toxic-substances lawsuit for failing to identify a responsible individual by name in the notice.

2nd District Court of Appeal, Environmental Law, Litigation

The Chemical Toxin Working Group v. Kroger — Proposition 65 Pre-Suit Notice Substantially Complies When Outside Counsel Contact Is Provided

automatic / April 29, 2026

Second District reverses judgment on the pleadings in Proposition 65 enforcement action against Kroger and other grocery companies, holding that providing outside counsel contact information in the 60-day notice substantially complies with California Code of Regulations title 27, section 25903.

1st District Court of Appeal, Environmental Law, Litigation

Raptors Are the Solution v. CropLife America — Pesticide Trade Associations That Intervened to Defend Agency Decisions Are Jointly and Severally Liable for Private Attorney General Fees

automatic / April 29, 2026

First District affirms joint and several liability of pesticide trade associations for private attorney general fees following successful CEQA challenge to rodenticide registrations, holding that intervenors who asserted pecuniary interests cannot disclaim those interests to avoid fee liability.

3rd District Court of Appeal, Environmental Law, Litigation

People ex rel. Yolo-Solano Air Quality Management District v. Defty — Cross-Complaint Challenging Validity of Underlying Agency Policy Does Not Arise From Protected Activity for Anti-SLAPP Purposes

automatic / April 27, 2026

Third District affirms denial of anti-SLAPP motion to strike a cross-complaint challenging the validity of an air quality management district's underlying interpretive policy, holding that the cross-complaint did not arise from the district's protected enforcement activities.

1st District Court of Appeal, Environmental Law, Real Estate Law

Citizens Against Marketplace Apartment/Condo Development v. City of San Ramon — Approval of Mixed-Use Infill Housing Project Was Consistent With City General Plan and Zoning

automatic / April 24, 2026

First District affirms approval of 44-unit mixed-use infill housing project on former shopping center site in San Ramon, holding that the project was consistent with the City's general plan and zoning ordinance and that aspirational planning language did not impose mandatory master plan requirements.

Ninth Circuit Court of Appeals, Business Transactions, Environmental Law

County of San Bernardino v. Insurance Company of the State of Pennsylvania — Ninth Circuit holds policy’s aggregate limit does not apply to property damage, restoring per-occurrence coverage for Chino Airport environmental cleanup

automatic / April 23, 2026

The Ninth Circuit reverses the dismissal of the County of San Bernardino's coverage suit against ICSOP for cleanup costs at the Chino Airport, holding that the policies' aggregate limits provision is ambiguous and does not cap property-damage coverage.

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