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Ripeness

Ohio Forestry Ass'n v. Sierra Club

The Court holds that an environmental group's challenge to a U.S. Forest Service land and resource management plan (LRMP) for Wayne National Forest in Ohio is not yet ripe for review. The environmental group brought suit alleging that...

Robbins v. United States

The court holds that a U.S. Army Corps of Engineers' determination that landowners' property comprised jurisdictional wetlands, which resulted in the recision of a private contract for the sale of the property, did not constitute a...

SK Fin. SA v. LaPlata County

The court holds that federal and state inverse condemnation claims and a state-law vested rights claim made by the owner of numerous lots in a subdivision in La Plata County, Colorado, based on the county's denial of a land use permit,...

Suitum v. Tahoe Reg'l Planning Agency

The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs...

Gary D. Peake Excavating Inc. v. Town Bd. of Hancock

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs'...

Gopher Oil Co. v. Bunker

The court holds ripe for adjudication an oil company's action for a declaratory judgment that the estate of its predecessor's deceased owner is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (...

Suitum v. Tahoe Reg'l Planning Agency

The court holds that a landowner's takings claim against a regional land planning agency is unripe. A regional development plan specifies four criteria that a landowner must meet before building a single-family residence: a numerical...

Missouri v. United States

The court holds that the U.S. Environmental Protection Agency (EPA) did not violate the U.S. Constitution's Tenth Amendment or Spending Clause by imposing Clean Air Act (CAA) offset and highway sanctions against Missouri for its failure...

Clajon Prod. Corp. v. Petera

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and...

Powder River Basin Resource Council v. Babbitt

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar a citizen group that was denied attorney fees by the Wyoming Department of Environmental Quality from asserting a Surface Mining Control and Reclamation...