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Weekly Cases Update Volume 49, Issue 18

Knick v. Scott, Pennsylvania, Township of

49 ELR 20109
17-647 (U.S., June 2019)

The U.S. Supreme Court vacated a dismissal of a landowner's challenge to a town ordinance on takings grounds. The landowner argued the ordinance, which requires cemeteries on public and private property to be kept open and accessible to the public during daylight hours, effected a taking of her...

Just compensation

Idaho Conservation League v. U.S. Forest Service

49 ELR 20107
1:18-CV-044-BLW (D. Idaho, June 2019)

A district court ordered the U.S. Forest Service to engage in formal consultation with other federal agencies to protect listed fish species being harmed by water diversions from the Salmon River in Idaho's Sawtooth National Recreation Area. An environmental group argued that the Service...

Interagency consultation, §7(a)

Virginia Uranium, Inc. v. Warren

49 ELR 20104
16-1275 (U.S., June 2019)

The U.S. Supreme Court upheld a state law banning uranium mining on private lands in Virginia. A mining company argued the Atomic Energy Act (AEA) preempted the law and reserved to the Nuclear Regulatory Commission (NRC) alone the authority to regulate uranium mining based on nuclear safety...


Welty v. United States

49 ELR 20105
2018-1558 (Fed. Cir., June 2019)

The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee. The landowners argued that the flooding, which rendered their land unfit for...

Just compensation

Sierra Club v. Environmental Protection Agency

49 ELR 20103
18-1038 (D.C. Cir., June 2019)

The D.C. Circuit dismissed a petition to review EPA's order denying an environmental group's objection to renewal of a Title V operating permit for a power plant in Utah. The group objected that the renewal permit incorporated requirements in a 1997 Title I preconstruction permit that was based...

Court of appeals jurisdiction, §307(b)

Sawtooth Mountain Ranch LLC v. United States Forest Service

49 ELR 20108
1:19-cv-0118-CWD (D. Idaho, June 2019)

A magistrate judge declined to preliminarily enjoin the U.S. Forest Service from constructing a recreational trail across private property located in the Sawtooth National Recreation Area. The property owners argued the Service's decision to proceed via a categorical exclusion was in violation...

Categorical exclusions, §1508.4

Center for Biological Diversity v. United States Department of State

49 ELR 20106
18-563 (JEB) (D.D.C., June 2019)

A district court dismissed a request to compel the State Department to release two reports concerning U.S. greenhouse gas emissions as required by the U.N. Framework Convention on Climate Change. An environmental group argued that the treaty required the agency to publicly disclose the reports,...

Climate Change (generally)