The court upholds a town planning board's decision to revoke its site plan approval of a soccer facility located on a floodplain containing wetlands. The court first holds that the violations were material. The owners allowed soccer games to be played during restricted periods and left equipment and...

The court upholds the grant of a special zoning permit for the construction of a wireless telecommunications tower in the steeple of a historic church in Wellfleet, Massachusetts. Although the town's planning board concluded that the wireless communication company had satisfied all the criteria of t...

The court holds that the U.S. Army Corps of Engineers' Federal Water Pollution Control Act §404 use restriction on a real estate developer's construction in a wetland area did not constitute a partial compensable taking. The court first holds that the developer did not establish that it had reasona...

The court stays its permanent injunction barring a state environmental agency from approving mining variances to the Federal Water Pollution Control Act §404(b)(1) buffer zone rule that prohibits mines from conducting valley fills within 100 feet of intermittent or perennial streams. The court firs...

The court holds that a trial court erred in dismissing Native American corporations' claims for compensation of oil spill damages to federal lands scheduled for transfer but not yet conveyed to the corporations under the Alaska Native Claims Settlement Act. The court, however, affirms the case in al...

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The court grants environmental groups' petition for mandamus compelling the U.S. Coast Guard to promulgate regulations that establish minimum compliance standards and use requirements for tank level and pressure monitoring (TLPM) devices on oil tankers. Oil Pollution Act (OPA) §4110 required the Co...

The court reverses a district court decision that water diverted from a reservoir through a city-operated tunnel and then released into a creek is not the "addition" of a pollutant to a creek, thereby triggering the Clean Water Act's (CWA's) permit requirement. The transfer of water was necessary to...

The court holds that a district court properly denied an oil company's request for a new trial in a case concerning the company's petroleum pollution of a neighbor's property but that it erred in failing to award the neighbor prejudgment interest. At trial the jury returned a verdict finding that th...

The court reverses a district court's grant of summary judgment in favor of a petroleum company and the federal government in a suit filed against them for cleanup costs incurred by the current owner of a mobile home park, but affirms the district court's grant of summary judgment in favor of prior ...