Constitutional Law

The court vacates and remands a trial court holding that increased stormwater drainage from the construction of a U.S. Postal Service facility in West Virginia did not constitute a taking of a…

The court reverses a district court dismissal of a property owner's claims of retaliation and denial of equal protection and due process against a county that imposed conditions, delays, and…

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and…

The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the…

The court upholds the dismissal of a property owner's inverse condemnation action against the state of Rhode Island for acquiring a portion of his property in 1975 by adverse possession.…

The court holds that the Safe Drinking Water Act (SDWA), in requiring the U.S. Environmental Protection Agency (EPA) to promulgate national primary drinking water regulations, is a valid exercise…

The court holds that real estate developers who voluntarily participated in U.S. Department of Housing and Urban Development (HUD) low-income housing programs suffered a compensable, temporary,…

The court holds that a trial court erred in its determination that real estate developers who claimed that the government's enactment of legislation relating to low-income housing programs…

The court holds that a solid waste flow control requirement imposed by a 22-county waste authority in Mississippi violates the Commerce Clause of the U.S. Constitution. The authority required…

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…