affirmed in part

92 S.W.3d 540

Full Case Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Appellants, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Appellees
Cite
92 S.W.3d 540
Date
08-30-2002
Court
Texas Courts of Appeals
Jurisdiction
Texas
URL
https://cite.case.law/sw3d/92/540/
Plaintiffs
state
Defendants
city
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
Declaratory judgement that TxDOT and officials violated environmental regulations relating to noise and lighting from highway expansion was not warranted; Nuisance claims against TxDOT for use of high mast floodlights were not barred by sovereign immunity.
Disposition
reveresed and rendered in part
affirmed in part
pole height
roadway lighting

923 F.3d 831

Full Case Name
DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; Natural Resources Defense Council, Plaintiffs-Appellants, v. David BERNHARDT, in His Official Capacity as Acting Secretary of the United States Department of the Interior; United States Bureau of Land Management, an Agency Within the United States Department of the Interior; Neil Kornze, in His Official Capacity as Director of the United States Bureau of Land Management, Defendants-Appellees, and DJR Energy Holdings, LLC; BP America Production Company; American Petroleum Institute; Anschutz Exploration Corporation; Enduring Resources IV, LLC, Intervenor Defendants-Appellees, and ConocoPhillips Company; Burlington Resources Oil & Gas Company LP, Intervenor Defendants. All Pueblo Council of Governors; National Trust for Historic Preservation; Navajo Allottees; Alice Benally; Lilly Comanche; Virginia Harrison ; Samuel Harrison; Dolora Hesuse; Verna Martinez; Loyce Phoenix, Amici Curiae.
Cite
923 F.3d 831
Date
05-07-2019
Court
United States Court of Appeals for the Tenth Circuit
Jurisdiction
United States
URL
https://cite.case.law/f3d/923/831/
Plaintiffs
Organization
Defendants
Federal Government
Incident Location
San Juan County and McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging Bureau of Land Management (BLM) approval of applications for permit to drill fracked wells on public lands, alleging that BLM violated the National Environmental Policy Act (NEPA) and Nationa Historic Preservation Act (NHPA). District Court judged in favor of BLM; activists appealed.

Holding
Activists had standing to bring action; environmental assessments adequately analyzed cumulative effects of granting drill applications as required by NEPA; activists failed to show BLM acted arbitrarily or capriciously.
Disposition
affirmed in part
reversed in part
remanded
general illumination
artificial light at night
construction lighting
Subscribe to affirmed in part