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Land Use (generally)

Alliance for the Wild Rockies v. Pierson

A district court temporarily suspended a logging project in grizzly bear habitat in the Idaho Panhandle National Forest. An environmental group argued the Forest Service's approval of the project violated NEPA. The court found that the...

Kalispel Tribe of Indians v. U.S. Department of the Interior

The Ninth Circuit affirmed summary judgment for DOI and a Native American tribe in a lawsuit brought by a nearby tribe challenging DOI's decision that the former tribe's proposed casino on newly acquired off-reservation land would not...

Local Land Use Power: Managing Human Settlements to Mitigate Climate Change

Local land use law has evolved into a flexible and powerful technique for achieving sustainable development. This Article, adapted from Chapter 3 of Choosing to Succeed: Land Use Law & Climate Control (ELI Press 2021), looks at the...

Theissen v. United States

A magistrate judge dismissed a lawsuit concerning ownership of a grazing allotment in the Apache National Forest. Ranchers argued the allotment was privately owned and thus relieved them of any obligation to obtain a cattle grazing...

Down the Rabbit Hole With the IRS’ Challenge to Perpetual Conservation Easements, Part Two

When the Internal Revenue Service began disallowing gifts of perpetual conservation easements for claimed failures of perpetuity requirements, it tumbled land trusts, landowners, and the U.S. Tax Court down the rabbit hole to a...

Montana Wildlife Federation v. Bernhardt

A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse. Environmental...

Champions Retreat Golf Founders, LLC v. Commissioner of IRS

The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found...

Narragansett Indian Tribal Historic Preservation Office v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed a Native American tribe's petition to review a FERC order denying the tribe's motion to intervene in the Commission's proceeding over construction of a natural gas pipeline in Massachusetts. The tribe argued...

Nestlé Waters North America, Inc. v. Osceola, Township of

In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to construct a well pumping station on agricultural land. The...

Center for Biological Diversity v. U.S. Bureau of Land Management

A district court granted environmental groups' motions for summary judgment in a challenge to BLM's 2017 determination that it did not need to authorize a proposed water pipeline project in southern California because the project fell...

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