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Ripeness

Morris v. United States

The Federal Circuit affirms a lower court decision finding property owners' takings claim against the National Marine Fisheries Service unripe. The owners sought to harvest redwood trees on their property. After learning that the cost...

Natural Resources Defense Council v. Abraham

The Ninth Circuit held unripe nonprofit groups' action to obtain a declaration that a U.S. Department of Energy order that outlines the management of defense radioactive waste is invalid. Delayed review will not cause any real...

Patel v. Chicago, City of

The Seventh Circuit held that a motel owner's challenge to a city ordinance that designated its property as a potential target for acquisition is unripe. The owner's claim, whether labeled an equal protection claim or a takings claim,...

Laub v. EPA

The court holds that farmers' National Environmental Policy Act (NEPA) action challenging a proposed federal and state plan for managing the California San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) water resources is ripe...

Citizens for Better Forestry v. Department of Agric.

The court reverses a district court decision that environmental groups failed to establish both standing and ripeness in their National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) challenges to a U.S. Department of...

National Park Hospitality Ass'n v. Department of the Interior

The U.S. Supreme Court holds that an association's claim that a National Park Service (NPS) regulation that purports to render the Contract Disputes Act (CDA) inapplicable to concession contracts is not yet ripe for adjudication. The...

Cooley v. United States

The court affirms a lower court decision holding a landowners' takings claim against the U.S. Army Corps of Engineers (the Corps) ripe, but reverses the lower court's decision that the taking was permanent. The Corps' denial of the...

Plum Creek Timber Co. v. Trout Unlimited

The court rejects a timber company's Declaratory Judgment Act claim against two private environmental groups, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS). The environmental groups filed a...

Kottschade v. Rochester, City of

The court affirms a district court dismissal of a developer's taking claim against a city as unripe due to the developer's failure to exhaust his state court remedies. The developer received a permit to build a townhouse project, but...

Natural Resources Defense Council v. Federal Aviation Admin.

The court holds that an environmental group's challenge to the Federal Aviation Administration's (FAA's) determination that the National Parks Air Tour Management Act does not bar proposed sightseeing tours out of the Jackson Hole,...