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Griffin Indus., Inc. v. Irvin

The Eleventh Circuit reversed and remanded a lower court decision allowing a chicken plant owner's equal protection claims against various state and local officials to go forward. The owner filed a §1983 suit against the officials on the theory that they violated the owner's constitutional righ...

St. John's United Church of Christ v. Chicago, City of

The court upholds the denial of a church's motion for a preliminary restraining order to prevent the relocation of a cemetery in conjunction with plans to renovate Chicago's O'Hare International Airport. Eminent domain does not constitute a "land use" regulation subject to the Religious Land Use and...

Robert Brace v. United States

The Federal Circuit affirmed the lower court’s judgment that no taking occurred on a Pennsylvania family farm where a U.S. Environmental Protection Agency consent decree required appellant-farmer to reestablish wetlands on a portion of the farm. The farm is an integrated whole despite the exis...

Defenders of Wildlife v. Chertoff

A district court dismissed environmental groups' claim that the Department of Homeland Security's waiver of various federal environmental laws with respect to the construction of a fence along the U.S.-Mexican border under the REAL ID Act of 2005 was unconstitutional. The court lacks the power to in...

Litgo New Jersey, Inc. v. Jackson

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 ...

Seven Up Pete Venture v. Schweitzer

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...

Kettle Range Conservation Group v. U.S. Forest Serv.

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) by classifying certain units of a proposed timber sale as roaded. Because the Forest Service considers the challenged units as roaded, the studies and research that formed the basis for the envi...

Newton County Wildlife Ass'n v. U.S. Forest Serv.

The court affirms a district court's orders denying environmental groups' motions to enjoin timber sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The court first holds that the district court properly denied the environmental groups' motions to ...

Gazza v. New York State Dep't of Envtl. Conservation

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...

Fener v. Hunt

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 ...