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Challenges held unripe

Sierra Club v. Department of Energy

The court dismisses on ripeness grounds an environmental group's claim that the U.S. Department of Energy and the U.S. Army Corps of Engineers violated the National Environmental Policy Act, the Endangered Species Act, the Clean Water...

Kittay v. Giuliani

The court dismisses a property owner's complaint alleging that a New York City watershed memorandum of agreement (MOA) and its regulations violated the U.S. Constitution, the state constitution, and state statutory and common law. The...

Hawaii County Green Party v. Clinton

The court denies environmental groups' motion to reopen a previous action and dismisses the groups' current action against the federal government in which the groups allege that the U.S. Navy violated the National Environmental Policy...

Utah v. Department of the Interior

The court holds that the state of Utah cannot intervene in the approval process of a lease between a Native American tribe and a private corporation that intended to construct and operate a temporary storage facility for high-level...

Palazzolo v. Rhode Island

The court holds that a landowner could not bring a claim alleging that a state resources management council's denial of the landowner's application to fill 18 acres of coastal wetlands constituted a taking of that property. The court...

HRI, Inc. v. EPA

The court holds that the U.S. Environmental Protection Agency's (EPA's) decision to implement the direct federal underground injection control (UIC) program on certain New Mexico lands based on their Native American or disputed...

Goldfine v. Kelly

The court dismisses as unripe a developer's civil rights action against a city, a state environmental protection agency, agency employees, and a citizen group that allegedly opposed the developer's construction of a residential...

Lakewood Assocs. v. United States

The court holds that because a land developer failed to receive an appealable final decision on its wetlands development permit application, the developer's takings claim against the U.S. Army Corps of Engineers is not ripe and must be...

Park Lake Resources Ltd. Liab. Co. v. Department of Agric.

The court dismisses as unripe mining associations' claim that the U.S. Forest Service arbitrarily and capriciously designated land straddling the Hoosier Ridge in Colorado as a research natural area (RNA). The court first holds that the...

West Virginia Highlands Conservancy v. Babbitt

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping...