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Polar Tankers, Inc. v. Valdez, City of

The U.S Supreme Court held that a local ordinance that imposes a personal property tax on certain boats and vessels but contains exceptions that, in effect, largely limit its applicability to large oil tankers violates the U.S. Constitution's Tonnage Clause, Art. I, §10, cl. 3. The ordinance im...

Northwest La. Fish & Game Preserve Comm'n v. United States

The Ninth Circuit affirmed a lower court decision setting aside the U.S. Forest Service's State Petitions Rule and reinstating the Roadless Area Conservation Rule, more commonly known as the "Roadless Rule," pending the Service's compliance with NEPA and the ESA. The State Petitions Rule, issued in ...

Wagoner County Rural Water Dist. No. 2 v. Grand River Dam Auth.

The Tenth Circuit affirmed a lower court decision dismissing water districts' and other entities' claims against an Oklahoma agency and the United States in a dispute over water rights stemming from the Grand River. The plaintiffs sought a declaration regarding their interests in the Grand River wat...

Guggenheim v. Goleta, City of

The Ninth Circuit held that a city's mobile home rent control ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a facial regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 10...

LG Elecs. U.S.A., Inc. v. DOE

A district court denied a manufacturer's motion for preliminary injunction to retain the "Energy Star" energy efficiency label that DOE ordered it to remove from approximately 40,000 of its refrigerators. The central issue in the case was the proper procedures for testing the energy efficiency of th...

Arc Ecology v. U.S. Maritime Admin.

A district court denied environmental groups’ motion for partial summary judgment with respect to their claim that the United States’ maintenance of the Suisun Bay Reserve Fleet violated EPA’s surface water criterion regulations promulgated pursuant to §4004(a) of RCRA. Althou...

Fideicomiso de la Tierra del Caño Martín Peña v. Fortuño

The First Circuit dismissed a land trust's claim that a statute revoking its title to lands in a canal area amounted to a taking and violated its due process rights. The statute amended Law 489, which among other things, created the land trust and transferred to the trust title to certain lands that...

Fresno, City of v. United States

A district court dismissed a city's RCRA and the California Hazardous Substances Account Act against the United States in a dispute concerning the environmental remediation of Old Hammer Field in Fresno, California. The site, presently occupied by an airport, was used by the United States as an Army...

Hash v. United States

The Fifth Circuit, in a class action suit, reversed in part, vacated in part, and remanded for further proceedings a lower court decision dismissing landowners' Fifth Amendment takings claims arising from the conversion of a railroad right-of-way to a recreational trail traversing their land. The la...