Guam Preservation Trust v. Gregory
A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam. Plaintiffs argued that a voluntary remand to the agency is only appropriate where either there have been intervening...
Hillsdale Environmental Loss Center v. United States Army Corps of Engineers
A district court dismissed an environmental group's claim that the U.S. Army Corps of Engineers violated NEPA, the CWA, and the APA by granting a CWA §404 permit to a railroad company without completing an EIS. The Corps' finding that the chosen site was the least environmentally damaging prac...
Del Cerro Mobile Estates v. City of Placentia
A California appellate court dismissed a mobile home park owner's complaint challenging a city's environmental impact report (EIR) for a planned railroad grade separation project under the California Environmental Quality Act (CEQA). Below, the county transportation authority intervened in the ...
CRV Enterprises, Inc. v. United States
The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property. The government placed the log boom in the slough to ...