The court holds that an individual lacks standing to bring a Fifth Amendment takings claim against the government on behalf of a corporation because he failed to maintain his shareholder status throughout the litigation. The individual was the sole shareholder and vice president of a corporation tha...

The court reverses and remands a district court injunction prohibiting the implementation of a U.S. Forest Service rule that restricts road building in national forests. Landowners, corporations, Native American tribes, and recreational groups challenged the Forest Service's implementation of the Ro...

The court holds that New Jersey's discovery rule does not toll a property owner's environmental contamination claims against the seller and, therefore, the claims are barred by the six-year statute of limitations. The owner purchased the property in 1983, and after conducting an environmental invest...

The court affirms a district court decision that a city's trash collection ordinance did not violate the Equal Protection Clause of the U.S. Constitution. The ordinance stated that the city would provide trash removal services to all residential property owners except those whose property required m...

The court holds that Texas' doctrine of sovereign immunity does not render the city of Dallas immune from a suit by the heirs of a landowner who bequested land to the city for use as a park. Under the bequest to the city, if the land was not used as a public park or if the park name was changed, the...

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use of all surface waters that are capable of recreational use without regard to ownership of the land underlying the ...

The court holds that the Double Jeopardy Clause does not bar an individual's federal criminal prosecution for violating the Clean Air Act (CAA) asbestos-removal regulations even though he was previously assessed a civil penalty for the same conduct by a county health district. The individual entered...

The court affirms a district court certification of a class of homeowners to determine a factory's liability, but not damages, for allegedly contaminating the homeowners' soil and groundwater. Class action treatment is appropriate and permitted by Fed. R. Civ. P. 23 when there are genuinely common i...

The court reverses a district court decision vacating a $25,000 fine against two individuals that violated the Clean Water Act (CWA) by trenching, grading, and filling wetlands without a permit. After having been found guilty of violating the CWA and being ordered by a district court to allow access...

The court affirms a lower court decision holding a landowners' takings claim against the U.S. Army Corps of Engineers (the Corps) ripe, but reverses the lower court's decision that the taking was permanent. The Corps' denial of the landowners' fill permit application was a final decision rendering t...