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Ripeness

Lakewood Assocs. v. United States

The court holds that because a land developer failed to receive an appealable final decision on its wetlands development permit application, the developer's takings claim against the U.S. Army Corps of Engineers is not ripe and must be...

Park Lake Resources Ltd. Liab. Co. v. Department of Agric.

The court dismisses as unripe mining associations' claim that the U.S. Forest Service arbitrarily and capriciously designated land straddling the Hoosier Ridge in Colorado as a research natural area (RNA). The court first holds that the...

Carpenter Technology Corp. v. Bridgeport, City of

The court holds that a district court abused its discretion in denying a landowner's motion for a preliminary injunction to prevent the taking of its property by a local port authority. The district court denied the landowner's motion...

National Propane Gas Ass'n v. Department of Transp.

The court upholds the Research and Special Programs Administration's (RSPA's) final emergency discharge control rule for cargo tank motor vehicles and its interpretation of the attendance regulation requiring an operator to be in...

West Virginia Highlands Conservancy v. Babbitt

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping...

George E. Warren Corp. v. EPA

The court denies petitions to review a U.S. Environmental Protection Agency (EPA) rule that conditionally allows foreign gasoline refiners to establish and use individual baselines reflecting their 1990 gasoline fuel property levels,...

South Dakota Mining Ass'n v. Lawrence County

The court holds that the Federal Mining Act of 1872 preempts a local zoning ordinance that bans surface metal mining within the Spearfish Canyon area of South Dakota. The court first holds that miners' preemption claim against the...

Natural Resources Defense Council v. Peña

The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing...

Clean Air Implementation Project v. EPA

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for...

Florida Power & Light Co. v. EPA

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and...