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United States v. 32.42 Acres of Land

The Ninth Circuit held that the United States can extinguish California's public trust rights when exercising its federal power of eminent domain. The case involves 32.42 acres of land that the U.S. Navy has continuously leased from the state since 1949. The parcel is subject to California's pub...

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

The U.S. Supreme Court held that a property owner may proceed with his APA suit against the United States claiming that the Secretary of the Interior lacked authority under §465 of the Indian Reorganization Act to take title to land in trust for a Native American tribe seeking to open a casino....

Southern Union Co. v. United States

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S. 466, the Court held that the Sixth Amendment's jury-trial guarantee requires th...

Pennsylvania v. Lockheed Martin Corp.

The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an imminent and substantial risk to human health and the environment...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not including in the deregulation a category of hazardous secondary materia...