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Land Use (generally)

WildEarth Guardians v. Bureau of Land Management

A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes...

Te-Moak Tribe of Western Shoshone Indians of Nevada v. U.S. Department of the Interior

The Ninth Circuit held that BLM did not violate NEPA or FLPMA when it approved the expansion of a gold mine near Nevada's Mount Tenabo. Native American tribes claimed that BLM failed to address mitigation measures specific to...

Marvin M. Brandt Revocable Trust v. United States

The U.S. Supreme Court held that a railroad right-of-way that crossed land the United States conveyed to a family in a 1976 land patent was an easement that was extinguished when the railroad formally abandoned it in 2004, thereby...

Pepin v. Division of Fisheries & Wildlife

Massachusetts' highest court upheld the state's "priority habitat" regulations insofar as they allow the Massachusetts Division of Fisheries and Wildlife to designate priority habitat without affording landowners the procedural...

Broussard v. Dow Chemical Co.

The Fifth Circuit upheld the dismissal of a landowner's suit against a chemical company for damages stemming from natural gas well operations. The company operated the well in the late 1960s and early 1970s under a mineral lease that...

Asphalt Contractors, Inc. v. Alabama Department of Transportation

The Alabama Supreme Court held that a property owner may go forward with its inverse condemnation claim against the director of the state transportation agency for allowing contaminated water to be pumped onto the owner's land. Although...

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...

Biodiversity Conservation Alliance v. Bureau of Land Management

A district court held that BLM complied with NEPA and FLPMA when it authorized a uranium mining project in south central Wyoming. BLM, in conjunction with other state and federal agencies, undertook extensive and exhaustive reviews of...

Montana Wilderness Ass'n v. Connell

The Ninth Circuit held that BLM's resource management plan (RMP) for the Upper Missouri River Breaks National Monument complied with NEPA and the Federal Land Policy and Management Act (FLPMA) but violated the National Historic...

Borough of Harvey Cedars v. Karan

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and...