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Headwaters, Inc. v. BLM

The court denies an environmental group's petition for rehearing of a National Environmental Policy Act (NEPA) claim against the Bureau of Land Management (BLM) based on the recent listing of the northern spotted owl as an endangered species. The court holds that the endangered species designation d...

Esposito v. South Carolina Coastal Council

The court holds that the South Carolina Beachfront Management Act does not violate the Takings and Due Process Clauses of the U.S. Constitution. In separate actions consolidated on appeal, the owners of developed and undeveloped beachfront property challenged provisions of the Act prohibiting the re...

Dow Chem. Co. v. Alfaro

The court holds that the doctrine of forum non conveniens does not bar a personal injury action brought in Texas by foreign plaintiffs against Delaware corporations authorized to do business in Texas. Employees of a Costa Rican fruit company seek damages for physical and mental injuries arising out ...

Atochem N. Am., Inc. v. EPA

The court rules that the Environmental Protection Agency (EPA) acted within its discretion under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Organotin Antifouling Paint Control Act (OAPCA) in issuing a data call-in notice to all tributyltin (TBT) manufacturers and antifou...

Atlantic Richfield Co. v. State Lands Comm'n

The court holds the California State Lands Commission's denial under the public trust doctrine of an oil company's proposal to build new platforms on an existing offshore oil lease is valid if the proposal presents unacceptable environmental risks. The Commission alleges that even small amounts of p...

Dedham Water Co. v. Cumberland Farms Dairy, Inc.

The court holds that plaintiffs in a private cost recovery action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) have failed to show causation. Plaintiffs seek to recover the costs of building and operating a water treatment plaint to remove pollutants from ...

Audubon Soc'y of Cent. Ark. v. Dailey

The court holds that the Army Corps of Engineers acted arbitrarily and capriciously in deciding that issuance of a dredge and fill permit for a city's bridge construction project to provide access to parks is not a major federal action significantly affecting the quality of human environment, and th...

Diamond Waste, Inc. v. Monroe County

The court holds that a county's application of a Georgia statute prohibiting the import of waste across county and state boundaries violates the Commerce Clause of the U.S. Constitution. The court holds that the county's application was not per se invalid, but the county's application violated the C...

Broughton Lumber Co. v. Yeutter

The court holds that the Columbia River Gorge National Scenic Area Act does not provide a waiver of sovereign immunity to authorize a multimillion dollar claim in U.S. district court against the U.S. Secretary of Agriculture for the alleged taking of a lumber company's water rights. After passage of...

Dolan v. Tigard, City of

The U.S. Supreme Court holds that a city's exaction of land dedications as a condition to issuing a development permit does not constitute an uncompensated taking in violation of the Fifth Amendment to the U.S. Constitution if the city shows the existence of an essential nexus between a legitimate s...