The court holds that the U.S. Forest Service failed to comply with National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA) requirements in determining whether to allow a timber sale in the Payette National Forest in Idaho. The court first holds that the Forest Service fail...

The court holds that a band of Native Americans has the right to moor commercial fishing vessels at two municipally owned marinas on Lake Michigan. The court first holds that treaties signed in 1836 and 1855 provided for an easement of access to reach traditional fishing grounds, which includes the ...

The Court holds that the Fifth Circuit lacked jurisdiction over a suit to set aside a 1982 settlement agreement that quieted title to lands on Horn Island, Mississippi, in U.S. favor. After concluding that the Quiet Title Act conferred jurisdiction, the Fifth Circuit, relying on a 1781 Spanish land ...

The court holds that the U.S. Forest Service's approval of a proposed timber sale in the Tongass National Forest in Alaska violated the National Forest Management Act (NFMA), but did not violate the National Environmental Policy Act (NEPA). The court first holds that the Forest Service's tentative o...

The court upholds a Federal Aviation Administration (FAA) rule that was promulgated pursuant to the Overflights Act and designed to reduce aircraft noise from sight-seeing tours in the Grand Canyon National Park. The Act required the Secretary of the Interior, via the National Park Service (NPS), to...

The court holds that the political question doctrine does not bar a federal court from resolving landowners' suits alleging that a state-managed fish pass significantly contributed to beach erosion on their property. The court first holds that the landowners' claims for injunctive relief and damages...

The court holds that the Federal Highway Administration's (FHwA's) approval of a highway project in West Virginia violated the Department of Transportation Act §4(f) historic sites review requirement. The court first holds that the plain language of §4(f)'s regulations, 23 C.F.R. §771.135(b) and ...

The court holds that the U.S. Forest Service complied with the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) when it issued a permit to a Colorado ski resort for the expansion of a ski area within the White River National Forest. The court first holds that ne...

The court holds that although the U.S. Forest Service violated the National Environmental Policy Act (NEPA) when it failed to prepare a supplemental environmental impact statement (SEIS) necessary for certain timber sales in the Nez Perce National Forest in Idaho, the Forest Service's subsequent pre...

The Court holds that the issue of liability in a developer's regulatory takings claim against a city was properly submitted to a jury. After the city imposed more rigorous demands each time it denied five proposals to develop a 37.6-acre oceanfront parcel in Monterey, California, the developer filed...