The court grants environmental groups' motion to preliminarily enjoin the U.S. Forest Service from implementing a salvage project in the Bitterroot National Forest until any administrative appeals have been resolved pursuant to the Appeals Reform Act. After the final environmental impact statement f...

The court dismisses all of a hazardous waste transshipment company's equal protection, due process, and takings claims against the state of Connecticut, the Connecticut environmental agency, and the individual agency head for denial of a hazardous waste transshipment permit. The Eleventh Amendment b...

The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a polluting ind...

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from ...

The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just compensation when it ordered the individual to cease maintenance and operation of a drainage system on his property an...

The court holds that the U.S. Forest Service violated the National Forest Management Act (NFMA) in its approval of a timber salvage project in the Manti-La Sal Forest in Utah, but that the court did not have jurisdiction to review National Environmental Policy Act (NEPA) claims brought against the F...

The court affirms a district court holding that where compensation was paid long after a taking, an individual was entitled to prejudgment interest, but remands the case for a redetermination of the amount of interest to be awarded. After finding a nuisance on the individual's property due to the pr...

The court holds that the U.S. Forest Service's environmental impact statement (EIS) for a post-fire logging project on the Six Rivers National Forest violated the National Environmental Policy Act and the National Forest Management Act (NFMA) and, therefore, enjoins the Forest Service from any furth...

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. Unable to meet deadlines in a compact designed to protect and pre...

The court holds the U.S. Department of Commerce's (DOC's) 1999 prohibition on drift gillnet swordfishing in the Atlantic Swordfish Fishery did not effect a taking of an individual's fishing permit, boat, or drift gillnets. The court first holds that the ban on draft gillnet fishing did not cause a t...