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Constitutional Law

Banks v. United States

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-...

Center for Biological Diversity v. Zinke

A district court dismissed an environmental group's lawsuit challenging the constitutionality of the Congressional Review Act (CRA), under which Congress recently passed a resolution disapproving an FWS rule that prohibited certain...

St. Bernard Parish Government v. United States

The Federal Circuit held that the U.S. government is not liable for flood damages that property owners in the New Orleans area incurred following Hurricane Katrina. The property owners filed suit under the Tucker Act, alleging that the...

Ideker Farms, Inc. v. United States

In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the...

Patchak v. Zinke

The U.S. Supreme Court upheld the 2014 Gun Lake Trust Land Reaffirmation Act, which reaffirmed as trust land certain property on which a Native American tribe wished to build a casino and provided that any future or pending actions...

Juliana v. United States

A district court adopted a magistrate judge's recommendations and denied motions to dismiss a lawsuit brought by a group of young people against the U.S....

St. Bernard Parish Government v. United States

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year...

Freeman v. United States Department of Interior

The D.C. Circuit, in an unpublished opinion, upheld an Interior Board of Land Appeals (IBLA) decision invalidating an individual's mining claims on federal land in Oregon. DOI made those determinations so that the U.S. Court of Federal...

Juliana v. United States

A magistrate judge recommended that a district court deny motions to dismiss a lawsuit brought by a group of young people against the U.S. government for failing to protect them from climate change. The plaintiffs alleged that the...

Western Watersheds Project v. Michael

A district court held that environmental and animal rights groups may challenge the constitutionality of two trespass statutes passed by the Wyoming legislature in 2015. Under the statutes—one imposing criminal liability and the other...

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