A district court granted a motion to dismiss Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act, and New Jersey Spill Compensation and Control Act claims filed against the state environmental agency and its commissioner in connection ...

The Eighth Circuit held that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it implemented certain revisions to the operational document for the Missouri River Mainstem Reservoir System without preparing a supplemental environmental impact statemen...

The Ninth Circuit upheld the dismissal of state takings claims arising out of a state ban on open-pit mining for gold or silver by the cyanide heap leaching process. The plaintiffs, who prior to the ban had acquired leases of Montana state property for the purpose of mining gold, silver, and other t...

The D.C. Circuit held that the U.S. Department of the Interior's (DOI's) approval of a proposed casino on Native American lands did not violate the National Environmental Policy Act (NEPA). An internal DOI document states that proposals for "large" and/or "potentially controversial" gaming establish...

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling...

A district court issued a preliminary injunction limiting the amount of cattle grazing allowed on conservation reserve program (CRP) lands. In May, the U.S. Department of Agriculture (USDA) began a critical feed use haying and grazing program on CRP lands to deal with rising feed prices. But in so d...

The court holds that a state environmental agency that denied a landowner's request for setback variances from wetlands regulations to build a single-family home on his property did not effect an unconstitutional taking. The court first holds that any claim the landowner had that his application was...

The court holds that a U.S. Forest Service timber sale on the George Washington National Forest in Virginia was not arbitrary and capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) as alleged by a neighboring landowner. The court ...

The court holds that restrictions on a road paving contractor's land use permit for locating a temporary asphalt plant at a gravel pit do not violate the contractor's substantive due process and equal protection rights, or unduly interfere with interstate commerce. The court first holds that the sub...

The court holds that a state's solid waste disposal program that requires the identification of additional capacity for out-of-state waste before a plan is approved does not violate the U.S. Commerce Clause. The court first holds that the program does not facially discriminate against interstate com...