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Land Use

Gorsline v. Board of Supervisors of Fairfield Township

Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and...

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 "...

Banks v. United States

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-...

Center for Biological Diversity v. Zinke

A district court dismissed an environmental group's lawsuit challenging the constitutionality of the Congressional Review Act (CRA), under which Congress recently passed a resolution disapproving an FWS rule that prohibited certain...

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...

Diné Citizens Against Ruining Our Environment v. Jewell

A district court dismissed environmental groups' NEPA and National Historic Preservation Act (NHPA) claims against BLM in connection with its approval of oil and gas drilling on public and tribal lands near Cacho Cultural National...

New Wine in Old Bottles: Distorting the Antiquities Act to Aggrandize Executive Power

President Donald Trump promised to undo much of the regulatory handiwork of his White House predecessors. On the heels of his inauguration, President Trump tasked Secretary of the Interior Ryan Zinke to review national monument...

Keeping the “Public” in Public Lands

The U.S. Department of the Interior (DOI) touches more lives in more ways than any other federal agency. Currently led by Secretary Ryan Zinke, the agency manages one-fifth of the land in the United States, including our national...

Western Organization of Resource Councils v. U.S. Bureau of Land Management

A district court held that BLM violated NEPA by failing to adequately consider climate change in the resource management plans (RMPs) for Buffalo, Wyoming, and Miles City, Montana, both located within the coal-rich Powder River Basin....

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