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Challenges held unripe

Natural Resources Defense Council v. Peña

The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing...

Clean Air Implementation Project v. EPA

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for...

Florida Power & Light Co. v. EPA

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and...

Ohio Forestry Ass'n v. Sierra Club

The Court holds that an environmental group's challenge to a U.S. Forest Service land and resource management plan (LRMP) for Wayne National Forest in Ohio is not yet ripe for review. The environmental group brought suit alleging that...

SK Fin. SA v. LaPlata County

The court holds that federal and state inverse condemnation claims and a state-law vested rights claim made by the owner of numerous lots in a subdivision in La Plata County, Colorado, based on the county's denial of a land use permit,...

Suitum v. Tahoe Reg'l Planning Agency

The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs...

Gopher Oil Co. v. Bunker

The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (...

Suitum v. Tahoe Reg'l Planning Agency

The court holds that a landowner's takings claim against a regional land planning agency is unripe. A regional development plan specifies four criteria that a landowner must meet before building a single-family residence: a numerical...

Missouri v. United States

The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure...

Moreau v. Federal Energy Regulatory Comm'n

The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due...