The court holds that a developer's takings claim against the United States is barred by 28 U.S.C. §2501's six-year statute of limitations. Two developers claim that the U.S. Army Corps of Engineers' denial of a permit application to construct a levee, and the Corps' subsequent selection of an alter...

The court dismisses an organization's challenge to a county airport's runway extension for lack of subject matter jurisdiction. The court first holds that the county had no duty to hold a public hearing under 49 U.S.C. §47106(c)(1)(A), which requires the Secretary of Transportation to hold a public...

The court upholds the U.S. Department of the Interior's (DOI's) decision to deny lessors' request to cancel their Native American oil and gas lease because of the lessee's royalty underpayment violations. The court first holds that the lessors' constitutional argument is meritless. Instead of arguin...

The court holds that the Interstate Commerce Commission Termination Act (ICCTA) preempts state and local environmental review of a rail carrier's reacquisition and reopening of the Stampede Pass railroad line in Washington State. The court first holds that the plain language of two sections of the I...

The court holds that the National Park Service's decision to remove a herd of 12 horses from Santa Cruz Island in the Channel Islands did not violate the National Environmental Policy Act (NEPA). The court first holds that the plaintiff foundation provided no support for its assertion that the horse...

The court holds that the Eleventh Amendment does not bar the removal from state to federal court of a power plant's federal and state claims against a state environmental agency. The power plant filed claims in state court against state and county environmental agencies after they claimed that the p...

The court holds that the U.S. Army Corps of Engineers' and the Natural Resources Conservation Service's decision to construct a dam on the Hughes River in West Virginia complied with the National Environmental Policy Act (NEPA). In a prior decision, the court directed the agencies to take a hard loo...

The court holds that a Maine town's solid waste flow-control ordinance, coupled with its grant of an exclusive hauling and disposal contract to a local contractor, does not violate the dormant U.S. Commerce Clause. The court first holds that the town's ordinance does not discriminate on its face aga...

The court holds that a North Carolina town and the U.S. Department of Agriculture (USDA) did not violate Title VI of the Civil Rights Act or the National Environmental Policy Act (NEPA) in connection with the siting of a wastewater treatment facility in an African-American neighborhood. The court fi...

The court holds that congressional representatives lack standing to sue to enjoin implementation of the President's American Heritage Rivers Initiative, which was established by executive order. The representatives claim that by issuing the Executive Order, the president denied them their proper rol...