The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a state to the government of that state. But here, the agency failed t...
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...
The Louisiana Supreme Court held that a school district may seek remediation damages in excess of those required by state law from oil companies who engaged in oil exploration and production operations on school land. The district sought two types of damages: damages required under state law pursuan...
The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The property is located on a barrier island of Florida, much of which is ...
The U.S. Supreme Court held that government-induced flooding that is temporary in duration may constitute a takings and is not automatically exempt from Takings Clause inspection. The case arose after the U.S. Army Corps of Engineers extended flooding from a dam into the Dave Donaldson Black River W...
A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise contracts with a number of haulers that allowed them to dispose of waste...
A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site. The state denied the application because the fill to be used at the site...