The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA) challenging actions by the U.S. Forest Service to protect the red-...

The court holds that environmental groups and private individuals are not entitled to a preliminary injunction prohibiting the U.S. Forest Service from implementing animal damage control (ADC) plans to reduce coyote populations in the Dixie and the Fishlake National Forests in Utah. The ADC programs...

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not constitute a taking under either the U.S. or the Pennsylvania Constitutions for which the individuals must be compe...

The court holds that an electric power cooperative, metal corporations, and a nonprofit corporation representing consumer-owned electric utilities lack standing to challenge the decision of the National Marine Fisheries Service (NMFS) and other federal agencies to augment water flow over dams on the...

The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation ordinance violates the Commerce Clause of the U.S. Constitution by discriminating against out-of-county...

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the borders of a local government unit are unconstitutional burdens on interstate commerce in violation of the ...

The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for its denial of the developer's Federal Water Pollution Control Act §404 dredge and fill permit applicati...

The court holds that the Bald and Golden Eagle Protection Act (BGEPA) does not violate the Free Exercise or Establishment Clauses of the U.S. Constitution and, therefore, affirmed an individual's conviction for possessing eagle feathers without a permit. The BGEPA prohibits the taking or possession ...

The court holds that the take provision of the Endangered Species Act (ESA), as applied to landowners, does not violate the U.S. Commerce Clause. After purchasing property, the landowners sought to develop it, but were prevented from doing so because of the restrictions placed on the land under the ...