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Jurisdiction

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

The court denies a U.S. Army Corps of Engineers' motion to change venue in an environmental group's suit against it for violating the Clean Water Act (CWA) §404 by authorizing a surface mining company to fill streams with waste rock...

Riverkeeper, Inc. v. Whitman

The court denies an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between the U.S. Environmental Protection Agency (EPA) and an...

National Coalition to Save Our Mall v. Norton

The court holds that it lacks subject matter jurisdiction over a coalition's claims that federal agencies violated a variety of statutes, including the National Environmental Policy Act and the National Historic Preservation Act, in...

Hall v. Norton

The court affirms in part and reverses in part a district court grant of summary judgment in favor of the Bureau of Land Management (BLM) in a suit brought by an individual who alleged that a BLM transfer of federal lands in Nevada...

Illinois v. Department of the Army

The court grants Illinois' request to remand to state court its case against the U.S. Department of the Army (Army) for improperly releasing pollutants from its Joliet Army Ammunition Plant into waste streams and outfalls that...

Los Angeles, City of v. Santa Monica Baykeeper

The court dismisses for lack of jurisdiction a city's interlocutory appeal in a citizen suit brought by an environmental group alleging Clean Water Act and Clean Air Act violations by the city. A district court signed and entered the...

Cabana v. Forcier

The court dismisses for lack of subject matter jurisdiction a suit against a trucking company by an individual that alleged he suffered permanent physical injuries as a result of transporting hazardous waste for the company. The...

Building Indus. Ass'n of Superior Cal. v. Norton

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as...

Procedural Implications of Williamson County/First English in Regulatory Takings Litigation: Reservations, Removal, Diversity, Supplemental Jurisdiction, Rooker-Feldman, and Res Judicata

Introduction

Whether Fifth Amendment regulatory takings claims by landowners against local land use authorities can or should be heard in federal court is a topic of sharp debate.1 The law...

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the...