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Land Use (generally)

Energy Corp. USA v. Town of Dryden

New York's highest court held that local governments may ban oil and gas production activities, including hydraulic fracturing, through the adoption of local zoning laws. The case arose after two towns enacted zoning laws banning...

Key Operating & Equipment, Inc. v. Hegar

The Supreme Court of Texas held that an oil and gas company may use a road on landowner's property to access its underground mineral rights. The company held an interest oil and gas rights under the landowners' property in addition to...

Sierra Club v. Tahoe Regional Planning Agency

A district court upheld the Tahoe Regional Planning Agency's latest land use and development plan for the Lake Tahoe Area Basin, located along the California and Nevada border. The updated plan, issued in 2012, includes the agency's...

WildEarth Guardians v. Bureau of Land Management

A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit. The groups alleged that BLM violated the statutes...

Te-Moak Tribe of Western Shoshone Indians of Nevada v. U.S. Department of the Interior

The Ninth Circuit held that BLM did not violate NEPA or FLPMA when it approved the expansion of a gold mine near Nevada's Mount Tenabo. Native American tribes claimed that BLM failed to address mitigation measures specific to...

Marvin M. Brandt Revocable Trust v. United States

The U.S. Supreme Court held that a railroad right-of-way that crossed land the United States conveyed to a family in a 1976 land patent was an easement that was extinguished when the railroad formally abandoned it in 2004, thereby...

Reliance Interests and Takings Liability for Rail-Trail Conversions: Marvin M. Brandt Revocable Trust v. United States

On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case, Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by...

Pepin v. Division of Fisheries & Wildlife

Massachusetts' highest court upheld the state's "priority habitat" regulations insofar as they allow the Massachusetts Division of Fisheries and Wildlife to designate priority habitat without affording landowners the procedural...

Broussard v. Dow Chemical Co.

The Fifth Circuit upheld the dismissal of a landowner's suit against a chemical company for damages stemming from natural gas well operations. The company operated the well in the late 1960s and early 1970s under a mineral lease that...

Asphalt Contractors, Inc. v. Alabama Department of Transportation

The Alabama Supreme Court held that a property owner may go forward with its inverse condemnation claim against the director of the state transportation agency for allowing contaminated water to be pumped onto the owner's land. Although...