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...
The court reverses and remands a jury verdict awarding damages to a logging company that alleged that the state caused a temporary taking by refusing to permit logging on a parcel of the company's property on which a pair of northern spotted owls were nesting. The court first holds that because of t...
The court holds that a town's decision to rezone a landowner's property from residential to solely recreational use did not constitute a regulatory taking under the Fifth and Fourteenth Amendments to the U.S. Constitution. The court first rejects the landowner's contention that the town must demonst...
The court grants a limestone quarry owner's motion to amend its takings complaint against the United States in order to reflect additional damages incurred as a result of the taking. The United States, which deposited hazardous waste at the quarry pursuant to a Superfund removal action, conceded lia...
The court holds that the Eleventh Amendment does not bar the U.S. third-party claim against the state of Alaska for equitable apportionment of damages alleged in a Federal Tort Claims Act action brought by a Native American tribe against the United States for damages caused by leaking fuel. The Unit...
The court holds that the U.S. Army Corps of Engineers' denial of landowners' Clean Water Act §404 permit application effected a permanent taking of their property in violation of the Fifth Amendment. The court first holds that the landowners' claim is ripe. Even if more information were offered by ...
The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has attacked a person, livestock, or pets, is a valid exercise of fede...
Editors' Summary: Congress first addressed the problem of leaking underground storage tanks (USTs) in 1984, by enacting Subtitle I of RCRA. The UST regulatory program addresses, inter alia, corrosion protection, reporting, corrective action, and financial responsibility. In this Article, the author provides an overview of the federal UST program. The author outlines the program's significant elements and explores specific regulations in the context of the technical problems they are intended to address, giving particular attention to how, to what, and to whom the regulations apply.
Keynote Presentation: Making the Partnership Work
Panel Discussion: Regulation of Nuclear Materials
Regulation of Air Quality
Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better Meet Water Quality Challenges?
Regulating Solid and Hazardous Wastes
In a suit raising constitutional challenges to the siting of a regional low-level radioactive waste disposal facility, the court holds that freedom from environmental releases of nonnatural radiation is not a fundamental, unenumerated right protected by the Ninth Amendment, and differences in the fe...