Justia Civil Procedure Opinion Summaries

Billings, Golden Valley, McKenzie, and Slope Counties in North Dakota, and the state, sued the United States under the Quiet Title Act, 28 U.S.C. 2409a, seeking to quiet title to alleged rights-of-way along section lines that run through lands owned by the federal government in the Dakota Prairie Grasslands and managed by the U.S. Forest Service. They alleged that in North Dakota, with a few exceptions, a public easement provides a right-of-way for public travel within 33 feet on either side of the section lines. The federal government does not recognize these rights-of-way. Nonprofit environmental organizations sought to intervene as defendants as of right under FRCP 24(a) or permissive intervention under Rule 24(b). They alleged that they possess important aesthetic, recreational, and environmental interests in preserving the Grasslands. The district court denied the motion to intervene as of right, finding that they failed to show injury in-fact or a recognized interest in the suit’s subject matter and that the United States adequately represented any legally protectable interest. The court also denied the alternative request for permissive intervention. The Eighth Circuit affirmed, finding that the groups did not overcome the presumption of adequate representation and noting that permissive intervention is “wholly discretionary.” View "North Dakota v. Badlands Conservation Alliance" on Justia Law

RI purchased 320 acres in Washington State for use as a landfill and, in 1989, applied for state permits. Because the proposed landfill involved filling wetland areas, it sought a Clean Water Act (33 U.S.C. 1344) permit from the U.S. Army Corps of Engineers. State permits issued in 1996. In 1994, the Corps required an Environmental Impact Statement; its draft EIS preliminarily concluded that RI had not demonstrated that there were no practicable alternatives to the proposed landfill (40 C.F.R. 230.10(a)). RI terminated the process. The Corps denied the application. In 1996, RI sued, alleging that the process and denial violated the CWA and was arbitrary. The district court upheld the decision, but the Ninth Circuit reversed, citing the Resource Conservation and Recovery Act, 42 U.S.C. 6941, under which regulation of municipal solid waste in landfills constructed on wetlands lies solely with the EPA or states with EPA-approved programs. The landfill became operational in 1999. In 1998, while the Ninth Circuit appeal was pending, RI filed suit in the Court of Federal Claims, alleging unconstitutional taking. The court dismissed, citing 28 U.S.C. 1500: the Claims Court “shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States.” The Federal Circuit affirmed. View "Res. Inv., Inc. v. United States" on Justia Law

In 2013, Plaintiffs filed an action against the Boeing Company and Landau Associates (Landau) in a Washington state court alleging that from the 1960s to the present years Boeing released toxins into the groundwater around its facility in Auburn, Washington and that for over a decade Landau, Boeing’s environmental-remediation contractor, had been negligent in its investigation and remediation of the pollution. Based on these allegations, Plaintiffs asserted state law claims of negligence, nuisance, and trespass. Boeing removed the action to a federal district court based on diversity jurisdiction and the Class Action Fairness Act (CAFA). The district court remanded the case to state court, concluding (1) contrary to Boeing’s allegations, Landau was not fraudulently joined, and thus there was not complete diversity; and (2) Plaintiffs’ action came within the local single event exception to CAFA federal jurisdiction. The Ninth Circuit vacated and remanded, holding (1) the district court correctly determined that Boeing failed to show that Landau was fraudulently joined; but (2) Plaintiffs’ action does not come within the local single event exception to CAFA, and therefore, the district court has federal jurisdiction under CAFA. Remanded. View "Allen v. Boeing Co." on Justia Law

After an exchange of Rule 26 disclosures, Anero Resources Corporation, Antero Resources Piceance Corporation, Calfrac Well Services Corporation and Frontier Drilling, LLC (collectively, Antero Resources) asked the trial court to enter a modified case management order requiring plaintffs, William and Beth Strudley, to present prima facie evidence that they suffered injuries attributable to the natural gas drilling operations of Antero Resources. The trial court granted the motion and issued a "Lone Pine" order that directed the Strudleys to provide prima facie evidence to support their claims of exposure, injury, and causation before the court would allow full discovery. The trial court determined that the Strudleys failed to present such evidence, and dismissed their case with prejudice. The court of appeals reversed, concluding that, as a matter of first impression, "Lone Pine" orders were not permitted as a matter of Colorado law. Upon review of the matter from an appeal of the court of appeals, the Supreme Court held that Colorado's Rules of Civil Procedure did not allow a trial court to issue a modified case management order (such as a "lone Pine" order) that required a plaintiff to present prima facie evidence in support of a claim before plaintiff could exercise its full rights of discovery under the Colorado Rules. "Although the comments to C.R.C.P. 16 promote active judicial case management, the rule does not provide a trial court with authority to fashion its own summary judgment-like filter and dismiss claims during the early stages of litigation." View "Antero Resources v. Strudley" on Justia Law

Blaine Carian appeals a postjudgment order denying his motion for attorney fees pursuant to Code of Civil Procedure section 1021.5. In or about 1975, the Fish and Game Commission adopted a regulation that designated Magnesia Spring Ecological Reserve (Reserve) in Riverside County as an ecological reserve. In or about 1976, the Department apparently adopted a wildlife management plan for the Reserve, which provided that "[e]nforcement of laws pertaining to [the Reserve] should be the responsibility of the Department." In or about 2007, the Department apparently adopted a multi-species habitat conservation plan, which stated that "[u]se of trails on [the Department's] land is subject to [California Code of Regulations] Title 14." It also contemplated that the "Bump and Grind" portion (Trail) of the Mirage Trail would be decommissioned and removed by the Department in the future. In January 2012, Assembly Bill No. 284 was introduced to enact a statute allowing access to the Trail. That bill apparently expired, or "died," pursuant to the California Constitution for lack of timely passage. In March 2012, a new bill, Assembly Bill No. 880, was introduced that contained the same language as the prior bill to enact a statute allowing access to the Trail. Carian filed the underlying lawsuit against defendants the California Department of Fish and Wildlife and Kimberly Nichol (a department manager), alleging causes of action for a writ of mandate directing the Department to reopen the Trail, taxpayer relief, quiet title to public easement, and declaratory relief. Assembly Bill No. 880 was ultimately passed, enacting former Fish and Game Code section 1587, effective as of January 2013, and the Governor signed the Bill. At the October 15 hearing on Defendants' demurrer, Carian conceded the new statute made his lawsuit moot. The court sustained Defendants' demurrer without leave to amend. In January 2013, Carian filed a motion for attorney fees under section 1021.5. In seeking an award of $100,000 in attorney fees against Defendants, Carian argued that his lawsuit was necessary to enforce an important right affecting the public interest and conferred a significant benefit on the general public by causing the State to open the Trail. The trial court found Carian did not, as required by 1021.5, make a reasonable attempt to settle his dispute before filing suit against defendants. On appeal, Carian argued the trial court erred in denying his motion for attorney fees because he gave the Department notice before filing his action, any attempt to settle the dispute would have been futile, and he satisfied all of the other requirements for an award of attorney fees under section 1021.5. The Court of Appeal confirmed the trial court's finding that Carian did not make a reasonable attempt to settle the dispute prior to filing his action against defendants. Therefore, Carian did not meet the requirement for an award of section 1021.5 attorney fees. View "Carian v. Dept. Fish & Wildlife" on Justia Law

The California Dump Truck Owners Association (Truck Association) initiated a federal preemption challenge to a California environmental regulation. The district court dismissed the suit, finding that the Environmental Protection Agency’s (EPA) approval of the regulation as part of California’s state implementation plan (SIP) divested the court of jurisdiction under the Clean Air Act (CAA). The Truck Association appealed, contending that it was challenging only the regulation and not the SIP, and therefore, the CAA did not apply. The Ninth Circuit affirmed, holding (1) the Truck Association’s suit, as a practical matter, challenged the the EPA’s approval of a provision of California’s SIP; and (2) because the court of appeals has exclusive jurisdiction over such challenges, the district court lacked jurisdiction. View "Cal. Dump Truck Owners Ass’n v. Nichols" on Justia Law

Roca Solida, a non-profit religious organization, purchased a 40-acre Nevada parcel. A desert stream flowed across the property, the water rights to which Roca also purchased. The water supplied a recreational pond, used for baptisms. Roca’s property is situated within a national wildlife refuge, managed by the U.S. Fish and Wildlife Service. An FWS water restoration project completed in 2010 “restored [the] stream to its natural channel,” the effect of which was to divert the stream away from Roca Solida’s property, depriving it of water it would have otherwise enjoyed. In federal district court in Nevada, Roca sought declaratory, injunctive, and compensatory relief on the basis of alleged violations under the First and Fifth Amendment and “at least $86,639.00 in damage[s]” under the Federal Tort Claims Act, 28 U.S.C. 2671–80. It also sued in the Claims Court, seeking declaratory relief and compensatory damages on the basis that the diversion project constituted an unlawful taking and asserting FWS negligently executed the water diversion project, causing $86,639 in damages to “land, structures, and animals.” The Claims Court dismissed for lack of subject matter jurisdiction in light of the pending district court action under 28 U.S.C. 1500. The Federal Circuit affirmed. View "Ministerio Roca Solida v. United States" on Justia Law

Black Mesa sought costs and expenses from the OSM after Black Mesa participated in a successful challenge to OSM's grant of a coal mining permit revision. The ALJ denied the fee request, the IBLA affirmed, and the district court affirmed. The court held that, on the standard of review applicable here, the review of the agency's "eligibility" determination is de novo and its "entitlement" determination is reviewed for substantial evidence; on de novo review, Black Mesa is "eligible" for fees because it showed some degree of success on the merits; in light of the court's decision on "eligibility," the court declined to reach whether, on this record, Black Mesa was "entitled" to fees; and the court remanded for the agency to consider the issue. In addition, the court rejected Black Mesa's argument that the Secretary waived a challenge to the reasonableness of any award amount that the agency might grant on remand for costs and expenses reasonably incurred for Black Mesa's participation in the proceedings at the agency level. Accordingly, the court reversed in part, vacated in part, and remanded. View "Black Mesa Water Coalition v. Jewell" on Justia Law

Visteon, a worldwide manufacturer headquartered in Michigan, sued National Union, from which it had purchased liability insurance between 2000 and 2002. The policy excluded liability resulting from pollution caused by Visteon, except liability arising from a “Completed Operations Hazard.” In 2001, the toxic solvent TCE that was used to clean machinery in Visteon’s Connersville, Indiana plant was discovered to have leaked into the soil and groundwater. Neighboring landowners sued Visteon. National Union has refused to indemnify or defend. Indiana does not enforce standard pollution-exclusion clauses. Michigan law does enforce the more general kind of pollution-exclusion clause found in the policy. The district court ruled that Michigan law governed and held that Visteon was not entitled to coverage under the Completed Operations Hazard clause. The Seventh Circuit affirmed. The risk materialized in Indiana, but that could not have been foreseen. The Indiana victims were compensated by Visteon, and it is unclear what benefit the state would have derived from reimbursement of Visteon’s costs by National Union.” The court rejected Visteon’s argument that its “work” was “completed” each time a contract to supply products made at the plant was performed and concluded that the exception did not apply. View "Visteon Corp. v. Nat'l Union Fire Ins. Co. of Pittsburgh" on Justia Law

After the San Diego Association of Governments (SANDAG) certified an environmental impact report (EIR) for its 2050 Regional Transportation Plan/Sustainable Communities Strategy (transportation plan), CREED-2. The Affordable Housing Coalition of San Diego filed a petition for writ of mandate challenging the EIR's adequacy under the California Environmental Quality Act (CEQA). Cleveland National Forest Foundation and the Center for Biological Diversity filed a similar petition, in which Sierra Club and the State of California later joined. The superior court granted the petitions in part, finding the EIR failed to carry out its role as an informational document because it did not analyze the inconsistency between the state's policy goals reflected in Executive Order S-3-05 and the transportation plan's greenhouse gas emissions impacts after 2020. The court also found the EIR failed to adequately address mitigation measures for the transportation plan's greenhouse gas emissions impacts. Given these findings, the court declined to decide any of the other challenges raised in the petitions. SANDAG appealed, arguing the EIR complied with CEQA in both respects. Cleveland National Forest Foundation and Sierra Club (collectively, Cleveland) cross-appealed, arguing the EIR further violated CEQA by failing to analyze a reasonable range of project alternatives, failing to adequately analyze and mitigate the transportation plan's air quality impacts, and understating the transportation plan's impacts on agricultural lands. The State separately cross-appealed, arguing the EIR further violated CEQA by failing to adequately analyze and mitigate the transportation plan's impacts from particulate matter pollution. After review, the Court of Appeal concluded the EIR failed to comply with CEQA in all identified respects. The Court modified the judgment to incorporate its decision on the cross-appeals and affirmed.View "Cleveland Nat. Forest v. San Diego Assn. of Gov." on Justia Law