The court upholds a trial court determination that a use prohibition issued by the U.S. Army Corps of Engineers under Federal Water Pollution Control Act §404 constitutes a mere diminution in value of a real estate developer's land and does not constitute a compensable categorical taking. The court...

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state...

The court affirms a district court decision holding that a city did not violate property owners' procedural and substantive due process rights when it granted a neighboring property owner a special use permit allowing the operation of a beauty salon and the paving of a yard. The court first holds th...

The Federal Circuit affirmed a lower court decision dismissing commercial fishermen's takings claim against the U.S. Department of the Interior (DOI) for prohibiting commercial fishing on waters surrounding the Palmyra National Wildlife Refuge. The fishermen argued they were entitled to compensation...

The Federal Circuit reversed a lower court's dismissal of a property owner's claim for just compensation after the FWS required mitigation in connection with its sale of property to the U.S. Navy. A property owner sought to sell some of its land to the U.S. Navy. But because the FWS deemed the site ...

The Sixth Circuit affirmed a lower court decision that dismissed plaintiffs’ pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act (AWA) on the grounds that plaintiffs lacked standing. The court held that none of plaintiffs’ claimed injuries were sufficient t...

The court dismissed a Florida resident's claims that three Wyoming statutes unconstitutionally limit hunting opportunities for nonresidents. The individual lacks standing to challenge the "guide statute" that creates two classes of hunters—resident and nonresident—for wilderness hunting because ...

The court reverses the dismissal of the Louisiana Fish & Game Preserve Commission's takings claim against the United States in a case involving a conflict between the state commission's duty to maintain the Northwest Fish and Game Preserve and the U.S. Army Corps of Engineers' (the Corps') respo...

A district court held that the Animal and Plant Health Inspection Service (APHIS) failed to take a hard look at its decision to deregulate alfalfa genetically engineered to resist the herbicide glyphosate—the active ingredient in "RoundUp." Substantial questions exist as to whether the deregulatio...

The U.S. Supreme Court held that two flow-control ordinances requiring delivery of local solid waste to a publicly owned processing facility do not discriminate against interstate commerce in violation of the U.S. Constitution. The ordinances at issue treat in-state private business interests exactl...