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Equal protection

Juliana v. United States

A magistrate judge recommended that a district court deny motions to dismiss a lawsuit brought by a group of young people against the U.S. government for failing to protect them from climate change. The plaintiffs alleged that the...

Western Watersheds Project v. Michael

A district court held that environmental and animal rights groups may challenge the constitutionality of two trespass statutes passed by the Wyoming legislature in 2015. Under the statutes—one imposing criminal liability and the other...

Pioneer Aggregates, Inc. v. Pennsylvania Department of Environmental Protection

A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site. The...

Environmental Justice and the Constitution

In a recent essay, David Coursen asks an important and unexamined question: Are environmental justice policies, which seek to avoid disproportionate environmental burdens on minority and poor communities, on a "collision course" with...

SBT Holdings, Ltd. Liab. Co. v. Westminster, Town of

The First Circuit reversed a lower court decision dismissing a developer's equal protection claim against a town for intentionally obstructing a condominium real estate development project. The city ordered the developer to take certain...

Griffin Indus., Inc. v. Irvin

The Eleventh Circuit reversed and remanded a lower court decision allowing a chicken plant owner's equal protection claims against various state and local officials to go forward. The owner filed a §1983 suit against the officials...

Contractor's Supply of Waterbury, Ltd. Liab. Co. v. Commissioner of Envtl. Protection

The court held that General Statutes §22a-196, which prohibits the operation of asphalt batching and continuous mix facilities within one-third of a mile from any hospital, nursing home, school, area of critical environmental concern,...

Statutes of Repose and the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution

Editor's Summary: The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution serves to protect citizens'rights of access to the judicial system. Statutes of repose and statutes of limitations act to curb this right...

Schutz v. Thorne

The court dismissed a Florida resident's claims that three Wyoming statutes unconstitutionally limit hunting opportunities for nonresidents. The individual lacks standing to challenge the "guide statute" that creates two classes of...

MacKenzie v. San Marcos, City of

A district court dismissed property owners' takings, substantive due process, and equal protection claims against a city after the city denied the owners' request for building permits. The owners' takings claim was dismissed for lack of...