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Land Use (generally)

National Parks Conservation Ass'n v. Semonite

A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "...

Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of a Native American tribe in a lawsuit seeking to enjoin the DOI's Bureau of Indian Affairs (BIA) from taking a parcel of land into trust for the tribe so it...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

Delaware Riverkeeper Network v. Sunoco Pipeline L.P.

A Pennsylvania court affirmed a lower court decision dismissing residents' and an environmental group's lawsuit challenging the construction of a natural gas pipeline through a suburban township. The plaintiffs argued that a local...

Standing Rock Sioux Tribe v. Dakota Access

A district court held that an energy company must follow additional safety measures operating the Dakota Access pipeline while the environmental impacts of the project are being studied. In an...

Indigenous Environmental Network v. TransCanada Corp.

A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline...

Green, City of v. Nexus Gas Transmission, LLC

The Sixth Circuit held that the state of Ohio did not properly analyze the environmental harm of an eight-mile stretch of the Nexus natural gas pipeline or consider alternative routes to avoid the City of Green. The pipeline would run...

Assoc. of Irritated Residents v. Kern County Board of Supervisors

A California appellate court held that a project to modify an oil refinery so it can unload the equivalent of 150,000 barrels of crude oil per day should not proceed until corrections can be made to its state environmental impact report...

Western Watersheds Project v. Wyoming

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of...

Conservation Easements in a Changing Climate

Conservation easements are increasingly being used both for traditional conservation purposes and as a tool for critical climate change mitigation and adaptation. Because land use decisions are generally made at the local level,...