The court holds that cemetery owners' takings claims arising from their failure to obtain a Clean Water Act (CWA) §404 permit from the U.S. Army Corps of Engineers are not ripe for review. In 1983, the property owners applied for a CWA §404 permit to dredge and fill 50 acres of the property, which...

The court holds that a state land use board decision precludes property owners from obtaining federal court relief of their takings claim under the U.S. Constitution. The landowners were prevented from building on their land due to an Oregon State law permitting dwellings to be built in forest use z...

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the Eleventh Amendment does not bar the commission's suit against the state. Congress has the plenary power to att...