Non-governmental organization

Solar Soccer Club v. Prince of Peace Lutheran Church of Carrollton

Full Case Name
SOLAR SOCCER CLUB, Appellant and Cross-Appellee v. PRINCE OF PEACE LUTHERAN CHURCH OF CARROLLTON, Texas, Appellee and Cross-Appellant
Description

The Court affirmed the trial court ruling that there was evidence from which the jury could have concluded defendant breached the use clause of the leasing contract it had with plaintiff to build soceer fields on plaintiff's property by its over-illumination of the field lights, which caused light trespass and glare.

Date
09-19-2007
Court
Texas Courts of Appeals
Jurisdiction
Texas
Defendants
Incident Location
Dallas, TX
Disputed Act

Plaintiff church (Prince of Peace) leased part of its land to defendant Solar Socceer Club (Solar) to build soccer fields on Prince of Peace's undeveloped property. In the contract, the parties agreed Solar would use the fields primarily on evenings and weekends, while Prince of Peace would use the fields during the school day for the students in its school. Prince of Peace filed suit against Solar for breach of contract with regard to four provisions, including whether use of the field lights "exceeded the City of Carrollton's standards for light trespass and glare, by as much as six to twelve times the maximum in some locations."

Holding
The Court affirmed the trial court ruling that there was evidence from which the jury could have concluded defendant breached the use clause of the leasing contract it had with plaintiff to build soceer fields on plaintiff's property by its over-illumination of the field lights.

St. Joseph's High School, Inc. v. Planning & Zoning Commission

Full Case Name
ST. JOSEPH'S HIGH SCHOOL, INC., et al. v. PLANNING AND ZONING COMMISSION OF the TOWN OF TRUMBULL
Description

The Planning and Zoning Commission of the Town of Trumball (Commission) denied the special permit of a private school for the installation of four light poles, seventy feet in height, to illuminate its primary athletic field, after considering concerns from resident neighbors of the private school that allowing the lights would adversely affect the "use and enjoyment" of their properties. The Court vacated the lower court's decision which had allowed the private school's case against the Commission because "a zoning commission has discretion to determine whether a proposal satisfies the requirements for a special permit."

Date
09-19-2017
Court
Connecticut Appellate Court
Jurisdiction
Connecticut
Incident Location
Fairfield, CT
Disputed Act

Plaintiff private school filed an application for a special permit with the Planning and Zoning Commission of the Town of Trumball (Commission) for the installation of four light poles, seventy feet in height, to illuminate the school’s primary athletic field. The Comission denied the special permit after considering concerns from resident neighbors of the private school that allowing the lights would adversely affect the "use and enjoyment" of their properties.

Holding
The Court vacated the lower court's decision which allowed plaintiff's case against the Planning and Zoning Commission of the Town of Trumball. The Court remanded the case to the lower court with instructions to dismiss the case because "a zoning commission has discretion to determine whether a proposal satisfies the requirements for a special permit" and "judicial review is confined to the question of whether the commission
abused its discretion in finding that an applicant failed to demonstrate compliance."
Disposition

Diné Citizens Against Ruining Our Env't v. Jewell

Full Case Name
DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; and Natural Resources Defense Council, Plaintiffs, v. Sally JEWELL, in her official capacity as 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; and Neil Kornze, in his official capacity as Director of the United States Bureau of Land Management, Defendants, and WPX Energy Production, LLC; Encana Oil & Gas (USA) Inc.; BP America Company; ConocoPhillips Company; Burlington Resources Oil & Gas Company LP; American Petroleum Institute; and Anschutz Exploration Corporation, Intervenor-Defendants.
Description

Environmental activists brought action against the federal government challenging Bureau of Land Management's approval of applications for drill permits in the San Juan Basin as in violation of the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Court held BLM's approval of applications did not violate NEPA nor NHPA, and dismissed the case.

Date
04-23-2018
Court
United States District Court for the District of New Mexico
Jurisdiction
United States
Incident Location
San Juan County, NM; McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging the Bureau of Land Management (BLM) approval of applications for permit to drill in the San Juan Basin, alleging that BLM violated the National Environmental Policy Act (NEPA) by failing to analyze indirect effects of fracking on Chaco Park, a National Historic site, including light pollution from nighttime drilling activity.

Holding
The Court found that the Board of Land Management's approval of applications for drilling permits did not violate the National Environmental Policy Act and failure to consider effects of gas and oil wells in Chaco Park and satellites did not violate the National Historic Preservation Act.
Disposition

PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Loyola College

Full Case Name
PEOPLE'S COUNSEL FOR BALTIMORE COUNTY, et al. v. LOYOLA COLLEGE IN MARYLAND
Description

The County granted Loyola College a special exception to build a retreat center on a property in the Resource Conservation zone in Maryland. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. Loyola College proferred testimony that their use of the property would have minimal impact on the zone, including light pollution. The Court found the county could grant Loyola College a special exception to use the property for a retreat center and did not need to compare its potential adverse effects to other similiarly zoned locations in the jurisdiction.

Date
09-09-2008
Court
Court of Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Incident Location
Baltimore County, MD
Disputed Act

Loyola College purchased a property in the Resource Conservation zone, which has the purpose "to foster conditions favorable to a continued agricultural use of the productive agricultural areas of Baltimore County by preventing incompatible forms and degrees of urban uses." The County granted Loyola College a special exception to build a retreat center on this property. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. At the trial court, Loyola College presented evidence that there would be minimal impact from their use of the property and that outdoor lighting at the Retreat Center would be "dark skies compliant."

Holding
The Court affirmed the lower court's judgment dismissing the case. The Court found there was no requirement that the zoning body must consider a comparison of the potential adverse effects of the proposed use at the proposed location to the potential adverse effects of the proposed use at other, similarly zoned locations throughout the jurisdiction in order to grant a special exception to the Resource Conservation zone.
Disposition

Town of Superior v. United States Fish & Wildlife Service

Full Case Name
The TOWN OF SUPERIOR, a Colorado municipality, City of Golden, Colorado, WildEarth Guardians, Rocky Mountain Wild, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, United States Department of the Interior, Ken Salazar, acting in his official capacity as Secretary of the Interior, Daniel M. Ashe, acting in official capacity as Director of the United States Fish and Wildlife Service, Steve Guertin, acting in his official capacity as Regional Director of the Mountain-Prairie Region of the United States Fish and Wildlife Service, Steve Berendzen, acting in his official capacity as Rocky Flats National Wildlife Refuge Manager, Defendants, and The Board of County Commissioners of the County of Jefferson, Colorado, City of Arvada, Jefferson Parkway Public Highway Authority, Natural Resource Trustees of the State of Colorado, and the Board of Land Commissioners of the State of Colorado, Defendant-Intervenors
Description

The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act.

Date
12-21-2012
Court
United States District Court for the District of Colorado
Jurisdiction
United States
Incident Location
Jefferson, CO; Boulder, CO; Broomfield, CO
Disputed Act

Plaintiffs alleged that the approval by the defendant United States Fish & Wildlife Service (FWS) of the Jefferson Parkway Public Highway Authority (JPPHA) application violated the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. Plaintiffs sought an order holding unlawful and setting aside the FWS’ decision to enter into the land exchange and transfer the corridor to JPPHA. The plaintiffs' concerns about the highway include "increased noise and artificial light" which could negatively impact wildlife by "interfering with the ability to avoid danger, locate food, reproduce, migrate, avoid collisions, and evade predators."

Holding
The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. The Court dismissed the case.
Disposition

Scenic Arizona v. City of Phoenix Board of Adjustment

Full Case Name
SCENIC ARIZONA, an Arizona corporation; Neighborhood Coalition of Greater Phoenix, an Arizona corporation, Plaintiffs/Appellants/Cross-Appellees, v. CITY OF PHOENIX BOARD OF ADJUSTMENT, a municipal agency, Defendant/Appellee, American Outdoor Advertising, Inc., an Arizona corporation, Defendant/Appellee/Cross-Appellant
Description

The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Date
11-17-2011
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Defendants
Incident Location
Phoenix, AZ
Disputed Act

The City of Phoenix Board of Adjustment ("Board") granted a use permit to American Outdoor Advertising, Inc. ("American Outdoor") to operate an electronic billboard adjacent to Interstate 17. Plaintiff non-profits brought suit to enjoin the electronic billboard, alleging the billboard would violate Arizona Revised Statutes ("A.R.S.") section 28-7903 (1998),[3] a provision of the Arizona Highway Beautification Act ("AHBA"), in part due to its intermittent lighting.

Holding
The Court affirmed the lower court's decision that the plaintiffs had standing to bring the case. The Court reversed the lower court's holding that the City of Phoenix Board of Adjustment (the Board) "did not act in excess of its authority." The Court reversed on the merits because it found that the billboard approved by the Board violated the Arizona Highway Beautification Act due its intermittent lighting.

Citizens for Amending Proposition v. City of Pomona

Full Case Name
CITIZENS FOR AMENDING PROPOSITION L et al., Plaintiffs and Respondents, v. CITY OF POMONA, Defendant and Appellant.
Description

The Court affirmed the trial court's ruling that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits.

Date
11-07-2018
Court
Court of Appeal, Fifth District, California
Jurisdiction
California
Defendants
Incident Location
Pomona, CA
Disputed Act

Proposition L was a ballot initiative that passed which prohibited the construction of additional billboards within Pomona city limits. Plaintiff, a non-profit composed of Pomona city residents formed to advocate for the enforcement of Proposition L, brought suit against the city of Pomona for entering into an extended agreement with Regency Outdoor Advertising, Inc. (Regency) to allow Regency to erect advertising billboards alongside several Pomona freeways. Issues discussed at city council meetings regarding the extended agreement with Regency included "the locations of billboards in the City, types of digital signs, light emissions, and the possibility of negotiating the removal of the three additional signs."

Holding
The Court affirmed the trial court's rulings that plaintiffs had standing, that the city of Pomona's agreeement with Regency Outdoor Advertising, Inc. was a new agreement that violated a duty to comply with Proposition L, and that plaintiffs were entitled to attorney's fees.
Disposition

Grand Canyon Trust v. Williams

Full Case Name
GRAND CANYON TRUST, et al., Plaintiffs, v. Michael WILLIAMS, et al., Defendants
Description

The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.

Date
04-07-2015
Court
United States District Court for the District of Arizona
Jurisdiction
United States
Incident Location
Coconino County, AZ
Disputed Act

Plaintiffs sought declaratory and injunctive relief to stop the United States Forest Service from re-opening the "Canyon Mine" in Northern Arizona, alleging that the Forest Service violated the National Environmental Policy Act and that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. Plaintiff's concerns about the re-opening of the mine involve environmental and historical impacts of the mine on Indigenous land surrounding the mine, as well as dust, truck traffic, light pollution and noise.

Holding
The Court found that plaintiffs failed to establish a violation under the National Environmental Policy Act by the United States Forest Service for re-opening the "Canyon mine, and that the plaintiffs lacked standing to assert that the "valid existing rights determination" by the Forest Service failed to consider all relevant cost factors. The Court dismissed the case.
Disposition

State v. Bureau of Land Mgmt.

Full Case Name
STATE of California, et al., Plaintiffs, v. BUREAU OF LAND MANAGEMENT, et al., Defendants. Sierra Club, et al., Plaintiffs, v. Ryan Zinke, in his official capacity as Secretary of the Interior, et al., Defendants.
Description

The District Court granted the plaintiffs' motion for a preliminary injunction enjoining the United States Bureau of Land Management from instituting the Suspension Rule regarding the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule.

Date
02-22-2018
Court
United States District Court for the Northern District of California
Jurisdiction
United States
Incident Location
N/A
Disputed Act

The States of California and New Mexico sought to enjoin the United States Bureau of Land Management (BLM) from instituting a rule suspending or delaying (the Suspension Rule) the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. A coalition of 17 conservation and tribal citizen groups also brought suit seeking the same preliminary injunction against BLM. The two cases were consolidated for review. Plaintiffs argued that without a preliminary injunction of the Suspension Rule, "they will suffer irreparable harm in the form of waste of publicly-owned natural gas, increased air pollution and related health impacts, exacerbated climate harms, and other environmental injury such as noise and light pollution."

Holding
The District Court granted the plaintiffs' motion for a preliminary injunction enjoining the United States Bureau of Land Management from instituting the Suspension Rule in regards to the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. Specifically, the Court found that the Bureau of Land Management lacked in its reasoning using the Suspension Rule regarding the requirements of the Waste Prevention, Production Subject to Royalties, and Resourse Conservation Rule. Further, the Court found that the plaintiffs showed they would suffer irreparable injury "caused by the waste of publicly owned natural gas, increased air pollution and associated health impacts, and exacerbated climate impacts."
Disposition

Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality

Full Case Name
BITTERROOTERS FOR PLANNING, INC., and BITTERROOT RIVER PROTECTIVE ASSOCIATION, INC. Plaintiffs and Appellees, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Montana, Defendant and Appellant, STEPHEN WANDERER and GEORGIA FILCHER, Defendants, Intervenors and Appellants
Description

The Court found that the Montana Department of Environmental Quality violated the Montana Environmental Policy Act because it only considered the environmental impacts to water quality of the construction and operation of the wastewater discharging permit issued to the facility.

Date
09-05-2017
Court
Montana Supreme Court
Jurisdiction
Montana
Defendants
Incident Location
Ravalli County, Montana
Disputed Act

The plaintiffs alleged that the Montana Department of Environmental Quality's wastewater discharge permitting process for an unnamed retail store facility violated the Montana Environmental Policy Act (MEPA) because it did not consider the environmental impacts of the construction and operation of the facility other than water quality. Public comments organized by the Department of Environmental Quality included light pollution, noise pollution, and soil pollution, as well as others.

Holding
The Supreme Court of the State of Montana reversed the District Court's summary judgment that Montana Department of Environmental Quality violated the Montana Environmental Policy Act because it did not consider the environmental impacts of the construction and operation of the facility other than water quality. The Court affirmed the District Court's summary judgment that the Department of Environmental Quality must identify and disclose the actual contemplated owner or operator of the retail store facility whose wasterwater discharge permitting was issued by the Department.