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Home Builders Ass'n of N. Cal. v. Napa, City of

The court affirms a trial court decision that a California city's inclusionary zoning ordinance requiring the development of affordable housing does not violate the federal and state Takings Clauses and does not violate the federal Due Process Clause. The ordinance requires that 10% of all newly con...

Headwaters, Inc. v. Talent Irrigation Dist.

The court holds that an herbicide's U.S. Environmental Protection Agency (EPA)-approved label under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not eliminate an irrigation district's obligation to obtain a national pollutant discharge elimination system (NPDES) permit under t...

Hill v. Norton

The court reverses a district court decision that the Secretary of the Interior properly excluded the mute swan from the list of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The individual challenging the Secretary's decision to exclude the mute swan from the list of protected ...

Nathan Kimmel, Inc. v. Dowelanco

The court holds that Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a company's state-law claims against a competing pesticide manufacturer for intentionally interfering with the company's prospective economic advantage. When using the manufacturer's product, food and medicine ...

Headwaters v. U.S. Forest Serv.

The court holds that res judicata bars an environmental group's suit against the U.S. Forest Service for allegedly failing to comply with the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Administrative Procedure Act in preparing timber sales in the Rog...

Hayes v. Whitman

The court holds that a district court properly dismissed individuals' Clean Water Act (CWA) and Administrative Procedure Act (APA) claims against Oklahoma for failing to submit total maximum daily loads (TMDLs) to the U.S. Environmental Protection Agency (EPA) and against EPA for failing to fulfill ...

New York v. Moulds Holding Corp.

The court holds that the state of New York could bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a) claim against a manufacturer that allegedly disposed of hazardous waste at a town's landfill even though the state and the town had entered a state assista...

Route 26 Land Dev. Ass'n v. United States

The court denies a land association's motion to reopen a 1990 declaratory judgment action in light of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159, 31 ELR 20382 (2001) (SWANCC). The 1990 declaratory action was dismissed...

Greenpeace, U.S.A. v. Stone

The court refuses to issue a temporary restraining order in plaintiffs' National Environmental Policy Act (NEPA) challenge to a joint project between the United States and German armies to remove obsolete chemical weapons from their storage site in Germany and transport them to Johnston Atoll for in...

Gould Inc. v. A&M Battery & Tire Serv.

The court holds that the Superfund Recycling Equity Act applies retroactively to judicial actions initiated by private parties prior to November 29, 1999. Therefore, the court vacates a district court's grant of summary judgment in favor of a battery recycler who sought contribution costs from poten...