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Ripeness

Boundary Backpackers v. Boundary County

The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to...

Sayles Hydro Ass'n v. Maughan

The court holds that the Federal Power Act (FPA) preempts state regulation of a federally licensed hydroelectric power project in a national forest in California. The court first holds that the action is ripe for review even though...

Moreau v. Federal Energy Regulatory Comm'n

The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due...

Lucas v. South Carolina Coastal Council

On remand from the U.S. Supreme Court, the South Carolina Supreme Court directs the trial court to make specific findings of damages, commencing with the date of enactment of the 1988 state Beachfront Management Act through the date of...

Southview Assocs., Ltd. v. Bongartz

The court holds that a residential land developer's regulatory taking and due process claims are not ripe in the developer's appeal of the Vermont Environmental Board's (Board's) denial of the developer's application to build a...

Bigelow v. Michigan Dep't of Natural Resources

The court holds that an appeal by commercial fishermen from a federal district court's dismissal of the fishermen's constitutional taking, equal protection, and due process challenge of a court-approved Michigan plan to restore...

Lucas v. South Carolina Coastal Council

The Court rules that a South Carolina beachfront regulation that prohibits construction seaward of a setback line cannot be sustained without paying just compensation for a developer's lost use of two vacant beachfront lots. The...

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