The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management's (BLM's) denial from 1994 to 1998 of applications by oil leaseholders to drill wells in the area of the W...

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

The court affirms a district court holding that a port authority failed to introduce evidence of physical loss or damage necessary to recover the expense of asbestos abatement at various buildings and structures under its first-party insurance policy. The authority's first-party insurance policies i...

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

The court holds that two individuals lacked standing to challenge the U.S. Army Corps of Engineers' (the Corps') issuance of a permit to a developer for the construction of a sewer line from a housing development to a county pumping station. The individuals previously challenged the Corps' issuance ...

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and ordering him to remove an access road on the property and to restore the wetlands on his lots. The landowner buil...

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...