The Federal Circuit reversed the dismissal of landowners "rails to trails" takings claims against the government. The landowners alleged that the government's issuance of a Notice…
A district court held that FLPMA §204(c), which allows Congress to block DOI withdrawals of new mining claims in excess of 5,000 acres through a resolution of both houses, is unconstitutional. In…
A district court upheld BLM's approval of a record of decision (ROD) allowing the construction of 112 wind turbines in an area that contains cultural and biological significance to a Native…
A district court upheld BLM's approval of a record of decision (ROD) and its grant of a right of way (ROW) allowing the construction of a utility-scale wind project in California's…
The California Supreme Court held that all subdivisions, including the conversion of a mobile home park from tenant occupancy to resident ownership, are "developments" for purposes of…
A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group…
A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its…
A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act…
A New Jersey appellate court held that a town that acquired property containing a former landfill in an eminent domain action cannot require part of the condemnation award to be set aside for…
The U.S. Supreme Court held that a property owner may proceed with his APA suit against the United States claiming that the Secretary of the Interior lacked authority under §465 of the Indian…