A court holds that the U.S. Department of Energy (DOE) violated the Energy Policy Act in refusing to require large private and municipal fleets of motor vehicles to use alternative fuel vehicles. The Energy Policy Act, which was designed to reduce air pollution, global warming, and U.S. dependence o...

The court reverses the dismissal of a developer's suit against the U.S. Army Corps of Engineers (the Corps) in which it sought to compel the Corps to take action on its application to construct a span bridge under Nationwide Permit 14. The district court dismissed the claim, holding that its prior o...

A court dismisses property owners' claims that the District of Columbia, through the use of eminent domain, instituted an unconstitutional taking of their property. An ongoing condemnation proceeding before the Washington, D.C., Superior Court provides an adequate opportunity for one of the property...

A court affirms a civil penalty assessed against a land developer for violating the North Carolina Sedimentation Pollution Control Act. The lower court properly rejected the developer's claim that its activities fell under the Act's forestry exemption. The exemption applies to activities specificall...

A court upholds the dismissal of individuals' nuisance and constructive eviction claims against their landlords for allegedly exposing them to mold mycotoxins in their homes. The trial court did not err in granting the landlords' motions in limine to exclude certain testimony, sampling data, and tes...

The court upholds the dismissal of Wyoming's constitutional, Adminstrative Procedure Act (APA), Endangered Species Act, and National Environmental Policy Act claims against the U.S. Department of the Interior for failing to initiate delisting of the gray wolf as an endangered species and for its all...

The court holds that an environmental group has standing to challenge the construction of a proposed levee on the Missouri River under the National Environmental Policy Act (NEPA). The group alleged that the U.S. Army Corps of Engineers (Corps) violated NEPA by not preparing an environmental impact ...

A court upholds a city zoning ordinance prohibiting the development of a "big box" retail store within its jurisdiction. The city made a legitimate policy choice when it decided to organize development using neighborhood shopping centers dispersed throughout the city, the ordinance was reasonably re...

The court upholds a California state mining board regulation that requires the Director of the Department of Conservation to concur in any lead agency determination that a mine operator has fulfilled the terms of his reclamation plan and that the financial assurance instruments securing his obligati...

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in th...