The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause. The claims at issue here are based on a substantive provisi...

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits to appropriate water from Oklahoma for use in Texas. Because Okla...

The Federal Circuit upheld the dismissal of landowners' suit against the United States seeking compensation for the alleged taking of their riparian and upland property rights stemming from U.S. Army Corps of Engineers activities to control water levels in Lake Okeechobee. The landowners' takin...

The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property. The government placed the log boom in the slough to ...

A district court upheld the constitutionality of an appropriations rider that reinstated an FWS rule that removed ESA protections for the Northern Rocky Mountain gray wolf in all areas outside of Wyoming. The court previously held that the rule violated the ESA because it protected a listed species ...

The Ninth Circuit held that a reserve program for raisins authorized by the Agricultural Marketing Agreement Act of 1937 does not constitute a taking in violation of the U.S. Constitution. The USDA imposed civil penalties against two raisin farmers for failing to comply with various requirements...