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Save Our Wetlands v. Conner

The court holds that the U.S. Army Corps of Engineers (the Corps) did not violate the National Environmental Policy Act (NEPA) by arbitrarily or capriciously granting a developer a permit to fill wetlands abutting Lake Ponchatrain in Louisiana without first preparing an environmental impact statemen...

Shade v. Housing Auth. of the City of New Haven

The court holds that the U.S. Department of Housing and Urban Development (HUD) did not violate the Federal Tort Claims Act (FTCA) by failing to supervise a city housing authority's compliance with the Lead-Based Paint Poisoning Prevention Act (LPPPA), and, therefore, affirms a district court's gran...

Mississippi River Revival v. Minneapolis, Minn., City of

The court dismisses as moot a citizen suit brought under the Clean Water Act (CWA) against two cities for discharging water into the Mississippi River and related waterways without national pollutant discharge elimination system (NPDES) permits. The court first holds that the citizens' claim for inj...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

South Camden Citizens in Action v. New Jersey Dep't of Envtl. Protection

The court holds that despite the U.S. Supreme Court holding in Alexander v. Sandoval, 121 S. Ct. 1511 (2001), that there is no private right-of-action to enforce disparate impact regulations promulgated under Civil Rights Act Title VI, §602, a community group may enforce the U.S. Environmental Prot...

Michigan S. R.R. v. Kendallville, Ind., City of

The court holds that the Federal Railroad Safety Act (FRSA) preempted a municipal ordinance requiring a railroad to cut weeds along its right-of-way within the municipality. The FRSA regulates every area of railroad safety, and the Act preempts all railroad safety legislation except for specific sta...

Pritikin v. Department of Energy

The court holds that an individual lacks standing to compel the U.S. Department of Energy (DOE) to make budget requests and to reprogram existing funds for the Agency for Toxic Substances and Disease Registry's (ATSDR's) implementation of a medical monitoring program in connection with a DOE facilit...

Bowen v. Amoco Pipeline Co.

The court holds that parties may not contractually alter the standard of judicial review for an arbitration panel's award of damages to individuals for an oil company's pollution of a creek on the individuals' property and, therefore, affirms the panel's award of damages. After initially denying any...

IES Indus., Inc. v. United States

The court holds that an electric utility company that was a 70% owner of a nuclear power plant in Iowa can deduct 15 years' worth of Energy Policy Act (EPACT) assessments in the tax year that the liability was determined. In 1992, Congress enacted the EPACT, which established a fund for the decontam...

Los Angeles, City of v. Santa Monica Baykeeper

The court dismisses for lack of jurisdiction a city's interlocutory appeal in a citizen suit brought by an environmental group alleging Clean Water Act and Clean Air Act violations by the city. A district court signed and entered the city's proposed order for an interlocutory appeal, and the parties...