The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just compensation when it ordered the individual to cease maintenance and operation of a drainage system on his property an...

The court reverses the Rhode Island Supreme Court's holding that a landowner's takings claim arising from the state coastal protection agency's denial of the landowner's permit to develop coastal wetlands was not ripe, but affirms the court's holding that the landowner failed to establish a deprivat...

The court affirms a district court holding that where compensation was paid long after a taking, an individual was entitled to prejudgment interest, but remands the case for a redetermination of the amount of interest to be awarded. After finding a nuisance on the individual's property due to the pr...

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial endangerment prevent granting the association summary judgment on the...

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. Unable to meet deadlines in a compact designed to protect and pre...

The court holds the U.S. Department of Commerce's (DOC's) 1999 prohibition on drift gillnet swordfishing in the Atlantic Swordfish Fishery did not effect a taking of an individual's fishing permit, boat, or drift gillnets. The court first holds that the ban on draft gillnet fishing did not cause a t...

The court holds that an environmental group and a trade association lack standing to challenge the U.S. Environmental Protection Agency's (EPA's) hazardous wastewater treatment sludge rule promulgated under the Resource Conservation and Recovery Act (RCRA). The court first holds that the environment...

The court holds that a district court lacked jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the All Writs Act to hear landowners' land contamination claim against various corporations that owned and operated hazardous waste sites. After bein...

The court holds that an environmental group's challenge to the Federal Aviation Administration's (FAA's) determination that the National Parks Air Tour Management Act does not bar proposed sightseeing tours out of the Jackson Hole, Wyoming, airport is not ripe for review. In 1999, and again in 2000,...

The court dismisses a company's petition for review of a U.S. Department of Labor (DOL) Administration Review Board (ARB) order remanding for further fact-finding and consideration an employee's claim that the company violated the Clean Air Act's (CAA's) and Toxic Substances Control Act's (TSCA's) w...