The court holds that a district court abused its discretion in denying a landowner's motion for a preliminary injunction to prevent the taking of its property by a local port authority. The district court denied the landowner's motion for a preliminary injunction because it failed to show a threat o...

The court holds that congressional representatives lack standing to sue to enjoin implementation of the President's American Heritage Rivers Initiative, which was established by executive order. The representatives claim that by issuing the Executive Order, the president denied them their proper rol...

The court holds that under Maine law, the doctrine of res judicata bars a town from suing a gasoline company for environmental damage affecting the town's water supply insofar as the state previously litigated and settled claims against the same company for the same environmental damage. The court f...

The court holds that the doctrine of res judicata does not bar nuclear utilities' claims that they were improperly charged by the U.S. Department of Energy (DOE) for decontamination and decommissioning costs in its contracts for enriched uranium during the time period after the Energy Policy Act ena...

The court dismisses as unripe a developer's civil rights action against a city, a state environmental protection agency, agency employees, and a citizen group that allegedly opposed the developer's construction of a residential subdivision within the city's watershed. The court first holds that the ...

The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal Energy Regulatory Commission (FERC) order authorizing a Canadian power generator to sell power in the Unit...

The court holds that the U.S. Army Corps of Engineers' denial of landowners' Clean Water Act §404 permit application effected a permanent taking of their property in violation of the Fifth Amendment. The court first holds that the landowners' claim is ripe. Even if more information were offered by ...

The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has attacked a person, livestock, or pets, is a valid exercise of fede...

The court holds that farmer and cattlemen associations lack standing under the Administrative Procedure Act (APA), 5 U.S.C. §551(13), to challenge the U.S. Forest Service's involvement with the Colorado lynx recovery plan, which concerns the introduction of Canadian lynx into the state. The court f...

The court holds that the Bald and Golden Eagle Protection Act (BGEPA), which only allows members of federally recognized Native American tribes to use protected eagle parts for religious purposes, does not violate the Religious Freedom and Restoration Act (RFRA). The court first recognizes that the ...