The court holds that the U.S. Army Corps of Engineers' denial of a property owner's permit application to dredge and fill wetlands on his property in the Florida keys was not a taking. The court first holds that the U.S. Supreme Court did not hold in Lucas v. South Carolina Coastal Council, 505 U.S....
The court holds that the Federal Highway Administration (FHwA) did not violate the National Environmental Policy Act (NEPA) when it approved revised plans for the construction of an airport highway without conducting a supplemental environmental impact statement (SEIS). A citizen group claimed that ...
The court holds that the U.S. Forest Service's modification of the terms and conditions of grazing permits for the Gila and Apache-Sitgreaves National Forests did not deprive permit holders of procedural due process under the Fifth Amendment. The court first holds that the permit holders have not de...
The court upholds a district court decision finding that an intermunicipal agreement between a town and several villages concerning the disposal of solid waste does not violate the dormant U.S. Commerce Clause. The agreement required each village to deliver all waste generated within its jurisdictio...
The court holds that a state law preempted a county ordinance that placed a six-month moratorium on the construction of all sludge storage facilities, and, consequently, a wastewater firm could build a sludge storage facility in the county under an approved state sludge utilization permit. The court...
The court affirms the U.S. Forest Service's approval of a special use permit that allows landowners with property surrounded by the Gunnison National Forest in Colorado to snowplow two miles of Forest Service road so that they can reach their residence by automobile in winter. The court first holds ...
The court holds that a state land use board erred when it failed to affirm a county's preliminary approval of a residential subdivision in an area containing wetlands and designated as a wildlife habitat. The board rejected the county's argument that the wetlands at issue were not subject to the cou...
The court holds that a mine company cannot argue that a partial taking occurred when a county adopted a land use plan that designated a tract of the company's land as a river corridor where no mining could occur. The court first holds that the record is unclear as to what burden of proof the trial c...
The court affirms a district court grant of summary judgment to the National Park Service on the grounds that the Park Service's deer management program in Gettysburg National Military Park and Eisenhower National Historic Site does not violate the National Environmental Policy Act (NEPA) or the Nat...
The court holds that a state zoning board failed to properly consider the historical significance of an area before granting a granite mining operation a conditional use permit, and, therefore, the permit is vacated. A Native American village challenged the board's grant of the permit. The court fir...