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Land Use (generally)

Scarborough Citizens Protecting Resources v. U.S. Fish & Wildlife Service

The First Circuit upheld the dismissal of a citizen group's lawsuit against the FWS in a suit concerning Maine's conveyance of easements on a recreational trail purchased with federal funds. The Wildlife Restoration Act, enacted in...

Cooperstown Holstein Corp. v. Town of Middlefield

A New York court upheld a town's enactment of a zoning law that bans oil and gas drilling, including hydraulic fracturing, within the geographical borders of the township. The holder of two gas leases argued that §23-0303 of New York...

PPL Montana, LLC v. Montana

The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme Court held that title to the riverbeds...

Jersey City v. Consolidated Rail Corp.

The D.C. Circuit held that a city has standing to challenge a railroad company's sale of a historic elevated railroad embankment to developers. The city argued that the sale was void because the company failed to obtain approval from...

Theodore Roosevelt Conservation Partnership v. Salazar

The D.C. Circuit upheld BLM’s decision to allow additional natural gas drilling in the Pinedale Anticline Project Area of western Wyoming. In 2008, the BLM adopted a record of decision (ROD) that, among other things, authorized the...

Sweet Lake Land & Oil Co. v. Exxon Mobil Corp.

A district court held that an oil company is liable for property damages caused by its predecessor-in-interest who conducted oil and gas exploration and production activities on the site under three subleases. Article 128 of the...

Eagle Pipe & Supply, Inc. v. Amerada Hess Corp.

The Supreme Court of Louisiana held that a property owner who discovered radioactive contamination on his land after he purchased it may not file suit against oil and trucking companies allegedly responsible for that contamination....

Cunney v. Board of Trustees of the Village of Grand View

The Second Circuit reversed a lower court decision dismissing a property owner's lawsuit against a zoning district that denied his variance request to build a single-family home on his land. The district denied his application...

DeCicco v. California Coastal Commission

A California appellate court held that the California Coastal Commission has appellate jurisdiction over a coastal development subdivision project. A county's approval of a "principal permitted use" development within a coastal zone...

Merrill v. Ohio Department of Natural Resources

The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes. Case law from...