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Land Use (generally)

Mineral Estate Conservation Easements: A New Policy Instrument to Address Hydraulic Fracturing and Resource Extraction

The rise of high-volume hydraulic fracturing has been accompanied by a suite of environmental and social concerns, including potential water and air contamination, greenhouse gas emissions, health effects, and community disruptions....

Upstate Citizens for Equality, Inc. v. United States

The Second Circuit upheld the federal government's 2008 decision to take approximately 13,000 acres of land in central New York into trust on behalf of the Oneida Indian Nation of New York. The Indian Reorganization Act of 1934...

Sierra Club v. Tahoe Regional Planning Agency

The Ninth Circuit upheld the dismissal of environmental groups' lawsuit challenging the Tahoe Regional Planning Agency's EIS for its updated land use plan. Applying a standard similar to the standard for evaluating an EIS under NEPA,...

Whose Coast Is It Anyway? Climate Change, Shoreline Armoring, and the Public’s Right to Access the California Coast

The public trust doctrine provides that a state holds its tidelands, submerged lands, and navigable waters in trust for the benefit of the general public. California has codified the principles of this doctrine through various statutes...

Property Reserve v. Superior Court of San Joaquin County

The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin Delta that the state might seek to...

Akiachak Native Community v. United States Department of the Interior

The D.C. Circuit held that Alaska may not block any efforts by the United States to take tribal land into trust within Alaskan state borders. In 1971, the United States settled land claims staked by descendants of Alaskan aboriginal...

Friends of Martin's Beach v. Martin's Beach 1 LLC

A California appellate court affirmed in part and reversed in part a trial court's summary adjudication in favor of the property owners in their dispute with a citizen's group over the use of a road, parking area, and the inland dry...

Miami-Dade County v. Florida Power & Light Co.

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East...

BSK Enterprises, Inc. v. Beroth Oil Co.

A North Carolina appellate court upheld a trial court's decision to cap a property owner's award of remediation damages to the diminution in property value, not the amount it would cost to clean up the property, thereby reducing a jury'...

Palmer Ranch Holdings Ltd. v. Commissioner of Internal Revenue Service

The Eleventh Circuit held that a developer is entitled to a charitable deduction on its 2006 tax return for granting a conservation easement on an 82-acre parcel of property that contained a bald eagle nest. The developer valued the...