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Cienega Gardens v. United States

The court holds that the Emergency Low-Income Housing Preservation Act's (ELIHPA's) and the Low-Income Housing Preservation and Resident Homeownership Act's (LIHPRHA's) mortgage prepayment restrictions did not effect a per se taking of residential apartment building owners' property. The Acts prohib...

Oxford Assocs. v. Waste Sys. Auth. of E. Montgomery County

The court reverses a district court's decision dismissing building owners' U.S. Commerce Clause claims against a waste authority for lack of standing. The building owners maintained that the authority's implementation of a waste generation fee structure effectively forced them to use the local facil...

Self v. Callahan

The court dismisses an individual's appeal of a district court order dismissing his motion to vacate two Resource Conservation and Recovery Act criminal convictions and adopting a magistrate judge's report and recommendation (R&R) to dismiss the individual's habeas corpus petition. The individua...

Solow Bldg. Co. v. ATC Assocs.

The court denies a bankrupt environmental management company's motions to dismiss property owners' Declaratory Judgment Act (DJA) action for lack of venue and failure to state a claim. The property owners sought a judgment declaring that the company had violated the Clean Air Act when it improperly ...

Tennessee Valley Auth. v. EPA

The court holds that it has jurisdiction to review a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision upholding three EPA orders against the Tennessee Valley Authority (TVA) requiring the TVA to obtain after-the-fact permits for modifications made to many of its ...

United States v. Detroit, City of

The court vacates a district court order requiring the U.S. Army Corps of Engineers to accept dredged material in order to prevent the frustration of a consent decree designed to address water pollution problems around Detroit, Michigan. After the state revised the city's national pollutant discharg...

Palazzolo v. Rhode Island

The court reverses the Rhode Island Supreme Court's holding that a landowner's takings claim arising from the state coastal protection agency's denial of the landowner's permit to develop coastal wetlands was not ripe, but affirms the court's holding that the landowner failed to establish a deprivat...

Interfaith Community Org. v. Honeywell Int'l, Inc.

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial endangerment prevent granting the association summary judgment on the...

Sierra Club v. EPA

The court holds that an environmental group and a trade association lack standing to challenge the U.S. Environmental Protection Agency's (EPA's) hazardous wastewater treatment sludge rule promulgated under the Resource Conservation and Recovery Act (RCRA). The court first holds that the environment...

MSOF Corp. v. Exxon Corp.

The court holds that a district court lacked jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the All Writs Act to hear landowners' land contamination claim against various corporations that owned and operated hazardous waste sites. After bein...