The Federal Circuit held that the government's deposit of sand on landowners' property amounted to a physical taking of a permanent easement but that the landowners failed to establish any decline in the fair market value of their property. Although the lower court properly held that the landowners ...

A California appellate court rejected a mining and construction advocacy group's challenge to a state agency regulation barring the sale and supply of asbestos-containing rock for the surfacing of future unpaved roads. Under the Tanner Act, which identifies and regulates toxic air contaminants by ai...

A California appellate court affirmed a lower court decision setting aside the adoption of a mitigated negative declaration for the construction of an apartment complex because the county and developers failed to meet the requirements of the California Environmental Quality Act (CEQA). An advocacy g...

A California appellate court dismissed a resident group's California Environmental Quality Act challenge against a state agency for not properly preparing and certifying an environmental impact report (EIR) for a project involving the demolition of a mobile home park. The group failed to prove that ...

The Fourth Circuit held that under Maryland law, insurers of a bankrupt insulation company are liable only for a pro rata portion of the bodily injury that occurred during the time the company's policy was in place and that any injuries that occurred after the company completed its asbestos installa...

The Supreme Court of Florida held that a state statute that allows suits for damages resulting from pollution creates a new strict liability cause of action and does not merely modify existing common-law causes of action that require proof of causation. The statute, §376.313(3) Florida Statutes (20...

A California appellate court held that a county correctly decided that a reclamation plan for a mining operation would not have a significant effect on the environment and properly approved the plan based on a negative declaration. The county provided a legally adequate description of the project, a...

A California appellate court reversed a lower court decision denying an environmental group's petition to challenge the urban water management plan for the Santa Clarita Valley. The plan provides that during dry periods, the water districts will take more water from groundwater deep below an aquifer...

The Ninth Circuit held that an agricultural association's First Amendment Expression Policy, which prohibits individuals from demonstrating outside its rodeo and circus arena except in designated "free expression zones" that are located away from the building's entrances, is unconstitutional on its ...

The Louisiana Supreme Court threw out a $1.3 billion takings judgment awarded to oyster fishermen holding oyster leases in the Breton Sound area who allegedly suffered a compensable taking under the Louisiana Constitution as a result of the state's operation of a coastal restoration project that alt...