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Judicial review, §§701-706

Jersey Heights Neighborhood Ass'n v. Glendening

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement...

Forest Guardians v. Babbitt

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could not complete the minnow's critical habitat...

Shenandoah v. Department of the Interior

The court dismisses Native American tribe members' claims that tribal leaders violated the National Environmental Policy Act and other statutes by entering into a lease for a casino on tribal land. The court first holds that the members...

Ellison v. Connor

The court upholds the U.S. Army Corps of Engineers' decisions to deny permits that would have allowed landowners to build camp structures on their property in the Atchafalaya floodway in Louisiana. The landowners purchased their...

ONRC Action v. Bureau of Land Management

The court holds that environmental groups have no standing under the Administrative Procedure Act (APA) to challenge the U.S. Bureau of Land Management's (BLM's) failure to halt actions adversely affecting the environment during the...

United States v. Beggerly

The Court holds that the Fifth Circuit lacked jurisdiction over a suit to set aside a 1982 settlement agreement that quieted title to lands on Horn Island, Mississippi, in U.S. favor. After concluding that the Quiet Title Act conferred...

Rosette, Inc. v. United States

The court holds that a greenhouse's geothermal resources ownership claim is time barred by the Quiet Title Act's (the Act's) 12-year statute of limitations. The court first holds that the Quiet Title Act provides the greenhouse's...

Marine Mammal Conservancy v. Department of Agric.

The court dismisses an organization's petition for judicial review of an administrative law judge's (ALJ's) decision denying the organization's request to intervene in a proceeding concerning the ownership and disposition of four...

Kuiper v. American Cyanamid Co.

The court holds that a Wisconsin farming family's state-law claims against a pesticide manufacturer are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The family filed negligence and fraudulent...

Stewart v. Potts

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers...