Constitutional Law

The court holds that application of the Endangered Species Act (ESA) to a commercial housing development that threatened the continued existence of the arroyo southwestern toad, an endangered…

The court holds that the Double Jeopardy Clause does not bar an individual's federal criminal prosecution for violating the Clean Air Act (CAA) asbestos-removal regulations even though he was…

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use…

The court affirms a district court decision that a city's trash collection ordinance did not violate the Equal Protection Clause of the U.S. Constitution. The ordinance stated that the city…

The court holds that Texas' doctrine of sovereign immunity does not render the city of Dallas immune from a suit by the heirs of a landowner who bequested land to the city for use as a park.…

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and…

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also…

The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management…

The court affirms a district court dismissal of a property rights group's complaint challenging six national monument designations by President William J. Clinton under the Antiquities Act.…

The court holds that the Secretary of the Pennsylvania Department of Transportation and the Secretary of the Pennsylvania Department of Environmental Protection violated the Clean Air Act (CAA) by…