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Knaust v. Kingston, City of

The court holds that claims, asserting violations of various environmental statutes, the common-law nuisance doctrine, and the Fifth Amendment's takings clause, based on landowners' allegations that a proposed business park's stormwater management system will not prevent petroleum-based pollutants f...

South Dakota v. Yankton Sioux Tribe

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to federal environmental regulation. The Court first holds that the 1894 Act—a negotiated agreement providing...

National Audubon Soc'y v. Hoffman

The court holds that a U.S. Forest Service proposal for a logging project and road extension in the Green Mountain National Forest in Vermont violated the National Environmental Policy Act (NEPA), but not the National Forest Management Act (NFMA). The court first holds that neither the district cour...

Waste Management of Ohio, Inc. v. Dayton, City of

The court holds that a district court has subject matter jurisdiction to determine whether a city, in light of its post-settlement actions, is estopped from refusing to approve a waste management company's construction of buildings on the south side of landfill property. A settlement agreement betwe...

Stewart v. Potts

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers or bring Administrative Procedure Act (APA), National Environmen...

Robbins v. United States

The court holds that a U.S. Army Corps of Engineers' determination that landowners' property comprised jurisdictional wetlands, which resulted in the recision of a private contract for the sale of the property, did not constitute a compensable taking. The court first holds that the cancellation of t...

Newton County Wildlife Ass'n v. Rogers

The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the district court did not abuse its discretion by limiting its revi...

United States v. 17.83 Acres of Land

The court holds that owners of property atop South Mountain in Washington County, Maryland, were not entitled to an increase in the amount awarded them in a condemnation proceeding. The property owners contend that the district court erred in granting the U.S. government's motion in limine seeking t...

Sal Tinnerello & Sons, Inc. v. Stonington, Town of

The court affirms a district court's denial of a waste hauling company's motion to enjoin a town from enforcing a local ordinance that provides for a municipal takeover of solid waste collection. The court first holds that the waste hauler is not likely to succeed on the merits of its claim that the...

United States v. Keller

The court affirms the denial of landowners' untimely demand for a jury trial on the issue of just compensation in a condemnation proceeding initiated by the United States. The United States was attempting to obtain 42 acres of the landowners' property for the purposes of administering, preserving, a...