The court holds that municipal flow control ordinances do not violate the dormant Commerce Clause of the U.S. Constitution. The municipal scheme at issue requires that the garbage generated by local households and businesses be delivered to facilities that are owned and operated by a public corporat...

The court upholds the dismissal of Wyoming's constitutional, Adminstrative Procedure Act (APA), Endangered Species Act, and National Environmental Policy Act claims against the U.S. Department of the Interior for failing to initiate delisting of the gray wolf as an endangered species and for its all...

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in th...

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit limited the landowner from extracting no more than 12,000 acre/feet per year of water from the aquifer underlyi...

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to designate critical habitat for the stickleback is not arbitrary and capricious, and that the FWS is not required to ensure compliance with federal and state laws before issuing an incidental take statement to a company ...

The court rejects landowners' request for a declaratory judgment challenging the U.S. Fish and Wildlife Service's (FWS') determination that their land could not legally be used for goose hunting. FWS regulations prohibit the taking of migratory birds by the aid of baiting or on or over any baited ar...

The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not fall within the MBTA's scope of federal permitting requirements, and nothing in the MBTA prohibits a state ...

The court vacates a lower court decision finding that the United States is not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of land in Michigan. The takings claim arose after a landfill north of the company's plant was placed on t...

The court affirmed a lower court decision denying a motion for preliminary injunction that would require the protection of mute swans under the Migratory Bird Treaty Act. The Act, which implements the migratory bird conventions, makes it unlawful to hunt or kill migratory birds native to the United ...

The court upheld a lower court decision dismissing residents' takings claim against a city for the dewatering of their water wells in the 1990s. Their takings claim based on past violations was barred by the statute of limitations because it was delinquently filed in federal court. Meanwhile, their ...