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Riverkeeper, Inc. v. Whitman

The court denies an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group under which EPA agreed to promulgate Clean Wate...

Dougherty v. North Hempstead Bd. of Zoning Appeals, Town of

The court affirms the dismissal of a landowner's due process and equal protection claims against a zoning board that denied the landowner's application for a building permit, but reverses the denial of the landowner's motion to amend the complaint to include a First Amendment retaliation claim. The ...

Friends for Ferrell Parkway v. Stasko

The court affirms a district court decision holding that an organization lacked standing to seek judicial review of a proposed land transaction between the U.S. Fish and Wildlife Service (FWS), a city, and a private developer that would protect sensitive wetlands and wildlife habitat. Under the tran...

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...