The Ninth Circuit upheld the dismissal of state takings claims arising out of a state ban on open-pit mining for gold or silver by the cyanide heap leaching process. The plaintiffs, who prior to the ban had acquired leases of Montana state property for the purpose of mining gold, silver, and other t...

The D.C. Circuit held that the U.S. Department of the Interior's (DOI's) approval of a proposed casino on Native American lands did not violate the National Environmental Policy Act (NEPA). An internal DOI document states that proposals for "large" and/or "potentially controversial" gaming establish...

The Fourth Circuit held that the Natural Gas Act (NGA) preempts a county bill prohibiting the siting of any liquefied natural gas (LNG) terminal within 1,000 feet from the Chesapeake Bay and its tributaries. The bill is an amendment to the state's critical management plan (CMP) because it imposes a ...

The Tenth Circuit held that the Federal Mineral Leasing Act (FMLA) does not provide political subdivisions of a state an implied cause of action to challenge the state's allocation of federal mineral royalties received under the Act. FMLA §191 directs the federal government to return 50% of fed...

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling...

A district court issued a preliminary injunction limiting the amount of cattle grazing allowed on conservation reserve program (CRP) lands. In May, the U.S. Department of Agriculture (USDA) began a critical feed use haying and grazing program on CRP lands to deal with rising feed prices. But in so d...

The court affirms a district court's orders denying environmental groups' motions to enjoin timber sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The court first holds that the district court properly denied the environmental groups' motions to ...

The court holds that a state environmental agency that denied a landowner's request for setback variances from wetlands regulations to build a single-family home on his property did not effect an unconstitutional taking. The court first holds that any claim the landowner had that his application was...

The court holds that a U.S. Forest Service timber sale on the George Washington National Forest in Virginia was not arbitrary and capricious and did not violate the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA) as alleged by a neighboring landowner. The court ...

The court holds that restrictions on a road paving contractor's land use permit for locating a temporary asphalt plant at a gravel pit do not violate the contractor's substantive due process and equal protection rights, or unduly interfere with interstate commerce. The court first holds that the sub...