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Abdur-Rahman v. Walker

The Eleventh Circuit upheld the dismissal of former county water inspectors' 42 U.S.C. §1983 and First Amendment claims against their employer for unlawfully firing them. The inspectors alleged they were fired in retaliation for reporting concerns about the counties' compliance with the Clean W...

United States v. Metropolitan St. Louis Sewer Dist.

The Eighth Circuit, in a CWA enforcement action filed by the United States and the state of Missouri against a water district, affirmed a lower court decision denying the state's motion to dismiss the district's counterclaims and to strike its affirmative defenses claiming financial inability to com...

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...

National Parks Conservation Ass'n, Inc. v. Tennessee Valley Auth.

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility. The groups argued that two projects, the economiz...

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...