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Center for Biological Diversity v. U.S. Bureau of Land Management

A district court granted environmental groups' motions for summary judgment in a challenge to BLM's 2017 determination that it did not need to authorize a proposed water pipeline project in southern California because the project fell...

Davilla v. Enable Midstream Partners L.P.

The Tenth Circuit affirmed in part and reversed in part a lower court's decision in a challenge to a natural gas pipeline company's expired easement on tribal land. The pipeline company appealed the district court's granting of summary...

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....

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...

Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there...

Swinomish Indian Tribal Community v. BNSF Railway Co.

A district court held that a Native American tribe that occupies land on Fidalgo Island in Skagit County, Washington, may go forward with trespass and breach of contract claims against a railroad company for violating the terms of a...

Berkeley Hillside Preservation v. City of Berkeley

The California Supreme Court reversed a lower court decision that a developer's proposal to demolish an existing home and build a 10,000 square-foot single-family home on the lot may not be categorically exempt from environmental review...

Of Constitutions and Cultures: The British Right to Roam and American Property Law

In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private lands without compensation to the landowners. There are many constitutional and cultural-historical issues...

Chemehuevi Indian Tribe v. Jewell

The Ninth Circuit affirmed a lower court decision dismissing a Native American tribe's claim that DOI violated the APA in refusing to approve the tribe’s assignments of land to certain of its members. The tribe submitted the land...

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