The court holds that the federal courts can hear a trailer park association's claim that a local rent control ordinance regulating trailer parks effected an unconstitutional taking under the Fifth and Fourteenth Amendments. Because the association brought suits in federal and state court, the federa...

The court reverses and remands a trial court decision that water district residents did not have standing to challenge the district's settlement agreement with hog confinement facility operators. The facility operators had applied for and had been denied water use variances sufficient to operate the...

The court reverses a district court and holds that the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service, and other federal defendants violated the National Environmental Policy Act (NEPA) by preparing an untimely and inadequate environmental assessment (E...

The court vacates a portion of a U.S. Environmental Protection Agency (EPA) regulation in which it determined that oil-bearing wastewaters generated by the petroleum refining industry are solid wastes under the Resource Conservation and Recovery Act (RCRA), but upheld EPA's determination that recove...

The court holds that claim preclusion bars an individual's Clean Water Act (CWA) §§402 and 404 suit against a state and state employees for removal of a dam. In state court, the individual challenged the state environmental agency's decision to remove the dam and claimed that remedial steps should...

The court denies motions to dismiss an engineering company's third-party Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and contractual indemnification claims against the former managing partner of an industrial corporat...

The court holds moot a neighborhood association's claim that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it issued a permit for the construction of a retail development. The court first holds that the association's original requests for relief in this action ...

The court holds that a trial court improperly excluded evidence central to a wool processing mill owner's case against the Finance Authority of Maine (FAME) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and contract law and, therefore, vacates and remands t...

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it failed to prepare an environmental impact statement (EIS) prior to the permitting of three casinos on the Mississippi coast. Mississippi law requires casinos to be located on floating vessels...

The court dismisses a property owner's complaint alleging that a New York City watershed memorandum of agreement (MOA) and its regulations violated the U.S. Constitution, the state constitution, and state statutory and common law. The court first holds that the owner's claims that the MOA and its re...