The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and ocean surges. A city used its power of eminent domain to constru...
The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop recycling business method for polystyrene food service products....
The Ninth Circuit affirmed in part and reversed and remanded in part a lower court decision granting summary judgment in favor of the government in a city's lawsuit seeking to set aside DOI's decision to accept in trust, for the benefit of the Tohono O’odham Nation, a 54-acre parcel of land on whi...
The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as amended, requires state or local governments to act on siting ap...
The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities. The Standard Contract provided that DOE was to begin accepting SNF no later than...
The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when developing plans to widen, deepen, and realign portions of the Cape Fear River navigation channel. The town ...
A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact report under the California Environmental Quality Act (CEQA). The ...