Constitutional Law

The court holds that a lower court erroneously limited its taking analysis to only one of four contiguous lots owned by developers who were denied a permit to fill wetlands on their property. The…

The court holds that owners of property atop South Mountain in Washington County, Maryland, were not entitled to an increase in the amount awarded them in a condemnation proceeding. The property…

The court holds that the Eleventh Amendment does not immunize a receiver of estate trusts from being sued solely in its representative capacity. The state of California filed suit against the…

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…

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 court holds that a state land use board decision precludes property owners from obtaining federal court relief of their takings claim under the U.S. Constitution. The landowners were prevented…

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to…

The court holds that the U.S. Department of Energy (DOE) fulfilled its statutory obligations under the Nuclear Waste Policy Act (NWPA) to ensure that Nevada had sufficient funds enabling it to…

The court holds that the Bureau of Land Management's (BLM's) failure to prevent livestock from trespassing on public lands over which a rancher held grazing permits does not constitute a…

The court holds that the Bureau of Land Management's (BLM's) denial under the Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act of an application to drill on an oil and gas lease…