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Action barred

P & V Enters. v. Corps of Eng'rs

The D.C. Circuit dismissed developers' lawsuit challenging the U.S. Army Corps of Engineers' definition of "waters of the United States" in a 1986 rule as facially invalid under the Commerce Clause. The action is barred by the six-year...

John R. Sand & Gravel Co. v. United States

The U.S. Supreme Court held that the statute of limitations governing the U.S. Court of Federal Claims requires sua sponte consideration of the timeliness of a lawsuit filed in that court, despite the government's waiver of the issue....

John R. Sand & Gravel Co. v. United States

The court vacates a lower court decision finding that the United States is not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of land in Michigan. The takings claim...

Legg v. County Comm'rs of Dorchester County

The court holds that an individual's claims of inverse condemnation and negligence arising from leachate and methane gas contamination of the individual's property from a neighboring county-owned landfill are barred by the state's three...

Jersey Heights Neighborhood Ass'n v. Glendening

The court reinstates a neighborhood association's National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHA) claims against federal and state agencies for failing to prepare a supplemental environmental impact statement...

Rosette, Inc. v. United States

The court holds that a greenhouse's geothermal resources ownership claim is time barred by the Quiet Title Act's (the Act's) 12-year statute of limitations. The court first holds that the Quiet Title Act provides the greenhouse's...

Varnadore v. Secretary of Labor

The court affirms the Secretary of Labor's decision that a complaint of retaliatory action brought by an Oak Ridge National Laboratory employee under the whistle blowing provisions of seven environmental statutes was time barred and...

Cristina Inv. Corp. v. United States

The court holds that a developer's takings claim against the United States is barred by 28 U.S.C. §2501's six-year statute of limitations. Two developers claim that the U.S. Army Corps of Engineers' denial of a permit application to...

Calhoun County v. United States

The court holds that a county's action to quiet title to real property used by the United States as a wildlife management area on Matagorda Island in Texas is time barred. The federal government condemned a portion of Matagorda Island...

Bayou Des Familles Dev. Corp. v. United States

The court holds that a real estate developer, who alleges that the U.S. Army Corps of Engineers' denial of a permit to build a levee effected a taking in violation of the Fifth Amendment, failed to file suit within the statute-of-...