The court affirms a district court determination that §2001(k)(1) of the 1995 Rescissions Act is constitutional and does not violate separation of powers by permitting Congress to resurrect timber sales that federal courts have enjoined. The district court also correctly held that "offered" sales, ...

The court holds that Washington oil spill prevention laws are not preempted by federal statute, do not violate the Commerce Clause or Foreign Affairs Clause of the U.S. Constitution, and are not improper extraterritorial restrictions. The court first holds that the language, structure, and legislati...

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first holds that the record clearly shows that wildlife in general, and ...

The court holds that under the open fields doctrine, state natural resource officials may enter a landowner's property to conduct a warrantless inspection of wetlands on the property without violating the landowner's Fourth Amendment rights. The court finds that the 175-acre property that the landow...

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S. Constitution when an EPA emergency response team entered onto the property without a warrant and removed water and ...

The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven days. The ordinances also required all landowners that cannot prove that they properly disposed of their ow...

The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs). The Court first notes that its discussion is confined to whet...

The court holds that a municipal solid waste district that condemned a landowner's property for use as a landfill did not violate the landowner's right to due process or "take" money the landowner spent fighting the condemnation, but may have violated the landowner's right to equal protection. The c...

The court holds that the Bonneville Power Administration (BPA), which entered into two agreements with Canada regarding rights to excess water stored in reservoirs on the Columbia River system in Canada, did not violate the Northwest Power Act (NPA) or the National Environmental Policy Act (NEPA). T...

The court upholds the U.S. government's imposition, under the Energy Policy Act of 1992, of a special assessment on domestic utilities to help fund the cleanup of governmental facilities that provided uranium enrichment services to the assessed utilities. The court first holds that the provisions of...