The court affirms a district court dismissal of a property owner's 42 U.S.C. §1983 suit, which alleged a New Hampshire town effectuated an uncompensated taking of the owner's property, for lack of subject matter jurisdiction. Before seeking relief in federal court, the owner initiated two lawsuits ...

The court denied gas producers' petition to review two Federal Energy Regulatory Commission (FERC) rulings concerning the producers' obligation to repay taxes improperly collected under Natural Gas Production Act (NGPA) §110, but remanded FERC's determination as to the starting date of the obligati...

The court upholds a district court decision dismissing as unripe a waste disposal plant's claim that a county's revocation of an unusual use zoning permit constituted a taking without just compensation. The plant filed suit in district court after a circuit court affirmed the county's revocation of ...

The court holds that the Alaska mining commissioner permissibly nullified the mining rights acquired by a mining claims locator on state-selected federal lands. The court first holds that the commissioner did not err in finding that the locator was not qualified to conduct business in Alaska and, th...

The court holds that because a land developer failed to receive an appealable final decision on its wetlands development permit application, the developer's takings claim against the U.S. Army Corps of Engineers is not ripe and must be dismissed as premature. The Corps, after receiving the developer...

The court holds that government agents did not violate the Fourth Amendment when they searched a trailer rented by an asbestos removal contractor who arranged for the disposal of asbestos from three elementary schools. The court first holds that the contractor did not have a legitimate expectation o...

The court reverses a district court summary judgment decision that ordered the owners of unpatented mill site claims in the Tonto National Forest in Arizona to remove themselves and all their things from the sites and to restore the sites to their natural condition. The government sought to evict th...

The court holds that a timber association lacks standing under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA) to challenge the U.S. Forest Service's promulgation of an interim final rule that suspends road construction decisionmaking for 18 months in certa...

The court denies a property owner's petition to review the Federal Energy Regulatory Commission's (FERC's) authorization of the construction of a pipeline that would traverse part of the owner's historic property. The court first holds that it has jurisdiction to hear the claim. Although the landown...

The court holds that property owners who built unpermitted structures on a county's right-of-way so that they could access adjacent tidelands did not hold property rights in the structures and could not seek compensation under the state constitution, the U.S. Constitution, or state limited access fa...