A district court dismissed a lawsuit concerning the city of Chicago’s delay in issuing an operating permit for a recycling facility in the city’s Southeast Side neighborhood. The company argued its constitutional rights were being violated as a result of the city’s delay of the permit review p...
The Fourth Circuit affirmed summary judgment for a county in South Carolina in a lawsuit concerning the county's alleged taking of honey sellers' bees. The sellers argued their bees died after the county sprayed pesticide in an effort to kill mosquitoes, and thus constituted a Fifth Amendment taking...
The Ninth Circuit affirmed summary judgment for DOI and a Native American tribe in a lawsuit brought by a nearby tribe challenging DOI's decision that the former tribe's proposed casino on newly acquired off-reservation land would not be detrimental to the surrounding community. The plaintiff tribe ...
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a lawsuit concerning domestic sheep grazing in the Beaverhead-Deerlodge National Forest. Environmental groups argued the Service violated the National Forest Management Act, NEPA, and the APA by utilizin...
The Ninth Circuit reversed a district court's partial grant of summary judgment for cattle ranchers in a challenge to the Forest Service's decision to apply 1995 riparian mitigation measures to an allotment in the Beaverhead-Deerlodge National Forest. The ranchers argued that the Service's decision ...
A magistrate judge dismissed a lawsuit concerning ownership of a grazing allotment in the Apache National Forest. Ranchers argued the allotment was privately owned and thus relieved them of any obligation to obtain a cattle grazing permit from the Forest Service or to comply with the permit's requir...
A district court denied an Apache group's motion to preliminarily enjoin the exchange of sacred land in Tonto National Forest to two foreign mining companies for mineral exploration. The group argued the land was held in trust by the U.S. government for the Western Apaches through an 1852 treaty, an...
I magine, on account of an economic downturn associated with massive defense spending, or a change in regulatory philosophy, or a pandemic, the U.S. Congress enacted legislation duly signed by the president to sell virtually all federal wild lands to the highest bidder without restriction. Would such action be constitutional?
The D.C. Circuit affirmed in part and reversed in part a lower court's dismissal of a conservation group's suit to block the Department of Homeland Security (DHS) from constructing a border wall near the National Butterfly Center in southern Texas. The group argued that the Department's presence on ...
A district court held that William Perry Pendley was unlawfully serving as the acting director of BLM. The governor of Montana and the Montana Department of Natural Resources and Conservation argued that Pendley was unlawfully serving as the acting director in violation of the Appointments Clause, t...