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Land Use (generally)

Downing/Salt Pond Partners, L.P. v. Rhode Island

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for...

Douglas Timber Operators, Inc. v. Salazar

A district court held that the Secretary of the Interior violated FLPMA and the APA when he withdrew a record of decision (ROD) adopting six revised resource management plans, collectively known as the Western Oregon Plan...

Pacific Merchant Shipping Ass'n v. Goldstene

The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The rules, which seek to reduce air pollutants...

Bollay v. California Office of Administrative Law

A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated...

Miccosukee Tribe of Indians of Florida v. South Florida Water Management District

The Supreme Court of Florida affirmed in part and reversed in part a lower court decision validating $650 million in "certificates of participation" to finance a water district's purchase of 73,000 acres of land owned by a sugar...

CRV Enterprises, Inc. v. United States

The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their...

Severance v. Patterson

The Supreme Court of Texas, on certification from the U.S. Court of Appeals for the Fifth Circuit, held that Texas does not recognize a "rolling" public beachfront access easement on Galveston's West Beach. Land patents from the...

1031 Lapeer LLC v. Price

A Michigan appellate court voided a 10-year-old commercial lease between the landlord and tenant of a gas station because the landlord failed to disclose that the property is, under Michigan law, a "facility" from which hazardous...

Country World Casinos, Inc. v. Tommyknocker Casino Corp.

The court holds that the amount a bankrupt casino paid to the casino's previous owner for environmental remediation does not offset a debt owed the previous owner. The casino was to make monthly payments to the previous owner under the...

Alaska v. Babbitt

The court holds that a district court has jurisdiction under the Quiet Title Act (QTA) to review an Interior Board of Land Appeals' (IBLA's) decision that a Native American's claim for an allotment of land under the Native Allotment Act...