The court holds that the Interior Board of Land Appeals (IBLA) may require applicants for land allotments under the Alaska Native Allotment Act (ANAA) to prove personal use and occupancy independent of immediate family members prior to withdrawal of the land from the public domain. The IBLA denied t...

The court affirms the dismissal of a domestic utility company's allegation that the Energy Policy Act of 1992 (EPACT) unconstitutionally imposed monetary assessments on domestic utilities for the remediation of environmentally contaminated U.S. uranium processing facilities. Beginning in the 1960s, ...

The court reverses a lower court decision finding the Office of Surface Mining Reclamation and Enforcement (OSM) liable for the permanent taking of a mining company's leasehold property. The mining company applied to the OSM for a permit and was told that its application was administratively incompl...

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...

The court holds that a Pennsylvania township and its supervisors did not violate a developer's substantive due process rights by conspiring to delay and obstruct the developer's construction of an industrial park. The developer claims that the township and its supervisors conspired to delay the coun...

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 ...

The court holds that the U.S. Fish and Wildlife Service (FWS) acted in an arbitrary and capricious manner by issuing incidental take statements imposing terms and conditions on grazing permits sought by a cattle growers' association where there was either no evidence that the endangered species exis...

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 ...

The court denies an environmental group's motion to preliminarily enjoin construction of a development project in Louisiana until the U.S. Army Corps of Engineers prepares an environmental impact statement for the project. The court first holds that the Corps' finding of no significant impact for th...

The court holds that the Federal Tort Claims Act's (FTCA's) discretionary function exception barred a manufacturer's claims seeking contribution and indemnity from the United States for the settlement of individuals' toxic tort claims against the manufacturer. At the onset of the Korean War, the Arm...