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Challenges held unripe

National Park Hospitality Ass'n v. Department of the Interior

The U.S. Supreme Court holds that an association's claim that a National Park Service (NPS) regulation that purports to render the Contract Disputes Act (CDA) inapplicable to concession contracts is not yet ripe for adjudication. The...

Plum Creek Timber Co. v. Trout Unlimited

The court rejects a timber company's Declaratory Judgment Act claim against two private environmental groups, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS). The environmental groups filed a...

Natural Resources Defense Council v. Federal Aviation Admin.

The court holds that an environmental group's challenge to the Federal Aviation Administration's (FAA's) determination that the National Parks Air Tour Management Act does not bar proposed sightseeing tours out of the Jackson Hole,...

Northwest Envtl. Defense Ctr. v. Rumsfeld

The court holds that an environmental group's claim that the U.S. Department of Defense (DOD) and a state military department violated the National Environmental Policy Act (NEPA) by failing to prepare an environmental assessment (EA)...

Pax Christi Memorial Gardens, Inc. v. United States

The court holds that cemetery owners' takings claims arising from their failure to obtain a Clean Water Act (CWA) §404 permit from the U.S. Army Corps of Engineers are not ripe for review. In 1983, the property owners applied for a CWA...

Dougherty v. North Hempstead Bd. of Zoning Appeals, Town of

The court affirms the dismissal of a landowner's due process and equal protection claims against a zoning board that denied the landowner's application for a building permit, but reverses the denial of the landowner's motion to amend...

Vogel v. Foth & Van Dyke Assocs.

The court affirms the dismissal of property owners' claim that a consulting firm negligently announced that land neighboring the owner's property was suitable as a potential landfill site even though the land was farmland and, thus,...

Cowell v. Palmer Township

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...

Coalition for Sustainable Resources v. U.S. Forest Serv.

The court dismisses on ripeness grounds a conservation group's claim that the U.S. Forest Service violated the Endangered Species Act (ESA) by failing to carry out certain conservation programs in its management of the Medicine Bow...

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...