The court affirms a state water court decision denying and dismissing with prejudice a county's applications for decrees for conditional water rights for a large water storage project west of the Continental Divide in the Upper Gunnison River Basin. The county argued that the basin contained ample w...
The court reverses a portion of a state environmental agency order that imposed a civil penalty against a city for discharging sewage sludge without a permit in violation of an Oregon statute. The city was granted a national pollutant discharge elimination system (NPDES) permit to operate a sewage d...
The court grants a county's motion for summary judgment in a case in which a community association challenged the county's receipt of a state nontidal wetlands permit for the planned construction of a roadway extension. The court first holds that the association failed to raise any genuine issues of...
The court holds that a Colorado statute that exempts from taxation certain possessory interests in tax-exempt property violates the state constitution. A ski area operator, whose ski resort is located on federal land, filed suit challenging the appraisal of its owed taxes on the basis that taxation ...
The court vacates and remands a district court's order issued after an Endangered Species Act case brought by an environmental group against a lumber company had been declared moot. The district court granted the lumber company's motion to dismiss the case as moot but then issued an opinion outlinin...
The court grants Illinois' request to remand to state court its case against the U.S. Department of the Army (Army) for improperly releasing pollutants from its Joliet Army Ammunition Plant into waste streams and outfalls that ultimately ended up in Prairie Creek, a tributary of the Kankakee River. ...
The court affirms a district court decision that municipal liens placed on individuals' property did not constitute a taking or violate the individuals' due process rights. In 1992, and again in 1993, a town imposed municipal liens on the property for municipal improvement. In 1999, the individuals ...
The court rejects the use of the practicably irrigable acreage (PIA) test as the exclusive quantification measure for determining water rights on Native American reservations and instead creates a new list of factors to be considered in determining reserved water amounts. Under Winters v. United Sta...
The court denies an environmental remediation specialist's claims that a port commission owed it money for cleaning up property leased by the commission. A chemical manufacturer leased land from the port commission. Upon discovering contamination on the property, the manufacturer hired the environme...
The court affirms a district court holding that the U.S. Fish and Wildlife Service's (FWS') failure to prepare a programmatic environmental impact statement (EIS) before approving land and water rights purchases under §206 of the Truckee-Carson Pyramid Lake Water Rights Settlement Act (Settlement A...