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Land Use (generally)

Elizondo v. Royalty Metal Furnishing, Inc.

A district court dismissed residents' lawsuit against a city for allowing a metals finishing plant to use and store acids and other dangerous chemicals. The residents' only factual allegation against the city is that it zoned the...

Biodiversity Conservation Alliance v. Bureau of Land Management

A district court held that BLM complied with NEPA and FLPMA when it authorized a uranium mining project in south central Wyoming. BLM, in conjunction with other state and federal agencies, undertook extensive and exhaustive reviews of...

Montana Wilderness Ass'n v. Connell

The Ninth Circuit held that BLM's resource management plan (RMP) for the Upper Missouri River Breaks National Monument complied with NEPA and the Federal Land Policy and Management Act (FLPMA) but violated the National Historic...

Borough of Harvey Cedars v. Karan

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and...

From Citizen Suits to Conservation Easements: The Increasing Private Role in Public Permit Enforcement

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public...

Arlington, Texas v. Federal Communications Comm'n

The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as...

Gila River Indian Community v. McComish

The Ninth Circuit affirmed in part and reversed and remanded in part a lower court decision granting summary judgment in favor of the government in a city's lawsuit seeking to set aside DOI's decision to accept in trust, for the benefit...

Village of Bald Head Island v. U.S. Army Corps of Engineers

The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when developing plans to widen, deepen, and...

Golden Gate Land Holdings, LLC v. East Bay Regional Park District

A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact...

Ladd v. United States

The Federal Circuit reversed the dismissal of landowners "rails to trails" takings claims against the government. The landowners alleged that the government's issuance of a Notice of Interim Trail Use or Abandonment (NITU) in 2006...