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Lost Tree Village Corp. v. United States
The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The property is located on a barrier island of Florida, much of which is ...
Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency
The D.C. Circuit denied a petition for rehearing of an earlier decision in which it upheld four EPA rulemakings governing greenhouse gases. EPA issued the rules following the U.S. Supreme Court's decision in Massachusetts v. EPA, 549 U.S. 497, 37 ELR 20075 (2007), in which the Court clarified that g...
Cleveland National Forest Foundation v. San Diego Ass'n of Governments
A California court held that the environmental impact report (EIR) San Diego prepared for its regional transport plan and accompanying sustainable communities strategy violates the California Environmental Quality Act (CEQA) because it failed to adequately address greenhouse gas emissions. The EIR i...
Arkansas Game & Fish Commission v. United States
The U.S. Supreme Court held that government-induced flooding that is temporary in duration may constitute a takings and is not automatically exempt from Takings Clause inspection. The case arose after the U.S. Army Corps of Engineers extended flooding from a dam into the Dave Donaldson Black River W...
National Solid Wastes Management Ass'n v. City of Dallas
A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise contracts with a number of haulers that allowed them to dispose of waste...
Aronow v. State
A Minnesota appellate court affirmed a lower court decision dismissing an individual's lawsuit against the state for violating the public trust doctrine with respect to climate change. In his complaint, the individual alleged that the state's commitment to a 15% reduction in Minnesota’s greenhouse...
Pioneer Aggregates, Inc. v. Pennsylvania Department of Environmental Protection
A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site. The state denied the application because the fill to be used at the site...