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Federal Wetland Mitigation Banking Guidance: Missed Opportunities

 In November 1995, five federal agencies—the U.S. Army Corps of Engineers (the Corps), the U.S. Environmental Protection Agency (EPA), the Natural Resources Conservation Service, the U.S. Fish and Wildlife Service (FWS), and the National Oceanic and Atmospheric Administration—issued joint guidance concerning wetland mitigation banking. The guidance's chief virtue is its detailed explanation of the approval process for the establishment and operation of mitigation banks. Its chief flaw, however, flows from the complexity of this approval process.

Concerned Citizens of Nebraska v. NRC

In a suit raising constitutional challenges to the siting of a regional low-level radioactive waste disposal facility, the court holds that freedom from environmental releases of nonnatural radiation is not a fundamental, unenumerated right protected by the Ninth Amendment, and differences in the fe...

Diamond Waste, Inc. v. Monroe County

The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...

Clarkstown v. C&A Carbone, Inc.

The court holds that a local law that requires all nonrecyclable solid waste generated in town to be delivered to the town's transfer station for processing and disposal is constitutional, and affirms a decision enjoining a local recycling facility that separates solid waste into recyclable and nonr...

Daniel v. Santa Barbara, County of

The court affirms a district court decision that a county's 1998 acceptance of a 1987 irrevocable offer to dedicate a portion of beachfront property was not a taking of the current owner's property. The court first holds that the prior owners of the property that made offers to dedicate to the count...

Federal Maritime Comm'n v. South Carolina State Ports Auth.

The Court holds that state sovereign immunity bars the Federal Maritime Commission (FMC) from adjudicating a private party's complaint against a nonconsenting state. A cruise line offering gambling cruises sued the South Carolina State Ports Authority (SCSPA) for denying the cruise line's five appli...

Ka Makani 'O Kohala Ohana Inc. v. Water Supply, Dep't of, County of Haw.

The court affirms a district court decision that the U.S. Geological Survey's (USGS') and U.S. Department of Housing and Urban Development's (HUD's) participation in a Hawaii Department of Water Supply (DWS) transmission project did not constitute a major federal action that triggered the National E...

C&A Carbone, Inc. v. Clarkstown, Town of

The Court holds that a New York town's ordinance requiring all solid waste to be processed at a designated transfer station before leaving the town violates the Commerce Clause of the U.S. Constitution. The avowed purpose of the ordinance is to retain the processing fees charged at the transfer stat...

Douglas County v. Babbitt

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has standing to challenge the Secretary's failure to comply with NEP...