The U.S. Supreme Court held that a government's demand for property from a land use permit application must satisfy the "nexus" and "rough proportionality" requirements of Nollan v. California Coastal Comm'n, 483 U.S. 825, 17 ELR 20918 (1987), and Dolan v. City of Tigard, 512 U.S. 374, 24 ELR 21083 ...
The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisions covering, among ot...
The U.S. Supreme Court held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause and are not preempted by the Red River Water Compact—an interstate water compact that allocates water among Texas, Okl...
The Seventh Circuit upheld a FERC order allowing a regional electricity transmission system to apportion costs for new power lines necessary to bring power generated from wind farms in the Great Plains to urban centers among all the utilities drawing electricity from the grid. The costs would be all...
A district court dismissed with leave to amend environmental groups' lawsuit against EPA alleging that it violated the ESA by failing to undertake required consultations regarding the effects of 382 registered pesticides on endangered and threatened species. The groups seek a broad remedy—an injun...
The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap. As to triclosan, standing may be based on exposure to a potential...
The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...
The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to access portions of land he leased from the Colorado River Indian Tribes. The individual did not claim that th...