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Laub v. EPA

The court holds that farmers' National Environmental Policy Act (NEPA) action challenging a proposed federal and state plan for managing the California San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) water resources is ripe for judicial review before any site-specific action is taken. The...

Carpinteria Valley Farms, Ltd. v. Santa Barbara, County of

The court reverses a district court dismissal of a property owner's claims of retaliation and denial of equal protection and due process against a county that imposed conditions, delays, and fees in connection with the owner's application for a polo field and residential building permit. The distric...

Kennedy Bldg. Assocs. v. Viacom, Inc.

The Eighth Circuit reversed a lower court's strict liability judgment and accompanying punitive damages award against a company in connection with the environmental contamination of a site it once owned. Minnesota's strict liability rule for actions brought by subsequent property owners requires an ...

Skull Valley Band of Goshute Indians v. Nielson

The Tenth Circuit affirmed a district court decision that Utah's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. Contrary to the state's arguments, the plaintiffs who challenge the statutes—a consortium of utility companies and a Native Americ...

Northern Natural Gas Co. v. Iowa Utils. Bd.

The Eighth Circuit affirmed a lower court decision that federal law preempts conflicting state pipeline regulations and, thus, governs the upgrade of a natural gas pipeline in Iowa. Iowa Code Chapter 479A and its implementing provisions, which provide for various pipeline reporting and inspection re...

Broaddus v. Corps of Eng'rs

The Fourth Circuit reversed a district court decision dismissing a landowner's petition for attorney fees, which he sought after successfully challenging a condemnation action against the U.S. Army Corps of Engineers. The district court erred in determining that the landowner failed to establish fin...

United States v. Praxair, Inc.

The Tenth Circuit upheld the dismissal of an individual's qui tam action under the False Claims Act (FCA) against a company for allegedly presenting false valuations of royalties owed for carbon dioxide production. Although the individual's complaint is based on a publicly disclosed transaction, the...

EMR Network v. Federal Communications Comm'n

The D.C. Circuit upheld the Federal Communication Commission's (FCC's) refusal to undertake rulemaking tightening the restrictions governing the nonthermal effects of radiofrequency radiation. The FCC's decision not to initiate an inquiry neither violated the National Environmental Policy Act (NEPA)...

Smith v. Mendon, Town of

New York's highest court holds that a municipality does not commit an unconstitutional taking when it conditions site plan approval on landowners' acceptance of a development restriction consistent with the municipality's preexisting conservation policy. The restriction would not appreciably diminis...

Royalty Carpet Mills, Inc. v. Irvine, City of

A California appellate court affirmed a trial court decision dismissing a petition challenging a city's issuance of a negative environmental declaration under the California Environmental Quality Act and grant of a conditional use permit to a developer to construct an apartment building in an indust...