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United States v. Las Cruces, City of

The court vacates a district court decision dismissing the United States' suit to quiet title to water rights in a portion of the Rio Grande River. The dispute centers around the Rio Grande Reclamation Project, and after several attempts to dismiss water adjudications in state court, the United Stat...

Kottschade v. Rochester, City of

The court affirms a district court dismissal of a developer's taking claim against a city as unripe due to the developer's failure to exhaust his state court remedies. The developer received a permit to build a townhouse project, but the permit was subject to nine conditions. The developer claimed t...

Utility Air Regulatory Group v. EPA

The court denies an electric utility association's petition to review the U.S. Environmental Protection Agency's (EPA's) interpretation of its state and federal operating permit program regulations. According to EPA, the regulations allow permit-issuing authorities to enhance the conditions included...

Laub v. EPA

The court holds that farmers' National Environmental Policy Act (NEPA) action challenging a proposed federal and state plan for managing the California San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) water resources is ripe for judicial review before any site-specific action is taken. The...

Legal Envtl. Assistance Found. v. EPA

The Eleventh Circuit held that an environmental organization lacks standing to challenge the U.S. Environmental Protection Agency's (EPA's) decision not to take any enforcement action against Alabama's and Florida's Title V Clean Air Act programs. The organization argued that both programs' standing...

Boundary Backpackers v. Boundary County

The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to control acquisition of private lands by federal agencies and pr...

Chambers Medical Technologies of S.C., Inc. v. Jarrett

The court holds that several provisions of the South Carolina Infectious Waste Management Act addressing the costs and hauling of particular wastes violate the Commerce Clause of the U.S. Constitution. The court first holds that the owner of a medical, municipal solid, and commercial nonhazardous wa...

Citizens Awareness Network v. NRC

The court holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...

Gibbs v. E.I. DuPont de Nemours & Co.

The court refuses to dismiss a tort-law claim that a tire manufacturer's former employees' brought against chemical companies that allegedly sold toxic chemical compounds to the manufacturer without adequately warning that exposure to the chemicals may cause bladder cancer. The court first holds tha...

Chambers Medical Technologies of S.C., Inc. v. Bryant

The court remands the question whether a South Carolina statutory cap on in-state commercial incineration of infectious waste violates the U.S. Constitution's Commerce Clause for further proceedings on whether the state legislature enacted it for a discriminatory purpose and whether the statute disc...