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Due process

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...

Foster v. United States Environmental Protection Agency

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the...

Ralls Corp. v. Committee on Foreign Investment in the United States

The D.C. Circuit held that an American corporation owned by Chinese nationals was deprived of its constitutionally protected property interests without due process of law when President Obama issued an order blocking on national...

Elizondo v. Royalty Metal Furnishing, Inc.

A district court dismissed residents' lawsuit against a city for allowing a metals finishing plant to use and store acids and other dangerous chemicals. The residents' only factual allegation against the city is that it zoned the...

Pioneer Aggregates, Inc. v. Pennsylvania Department of Environmental Protection

A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site. The...

LG Elecs. U.S.A., Inc. v. DOE

A district court denied a manufacturer's motion for preliminary injunction to retain the "Energy Star" energy efficiency label that DOE ordered it to remove from approximately 40,000 of its refrigerators. The central issue in the case...

Fednav v. Chester

A district court dismissed international shipping entities' lawsuit seeking to invalidate Michigan's Ballast Water Statute, which is aimed to prevent the introduction of aquatic nuisance species into the Great Lakes. The statute...

Contractor's Supply of Waterbury, Ltd. Liab. Co. v. Commissioner of Envtl. Protection

The court held that General Statutes §22a-196, which prohibits the operation of asphalt batching and continuous mix facilities within one-third of a mile from any hospital, nursing home, school, area of critical environmental...

Lombardi v. Whitman

The Second Circuit upheld the dismissal of rescue, search, and cleanup workers' substantive due process complaint against federal officials for knowingly issuing false statements about air quality safety in the aftermath of the...

MacKenzie v. San Marcos, City of

A district court dismissed property owners' takings, substantive due process, and equal protection claims against a city after the city denied the owners' request for building permits. The owners' takings claim was dismissed for lack of...

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