The Ninth Circuit reversed a district court's dismissal of an environmental group's suit alleging that a power company was operating its electric-generating plant in violation of the CAA. The power company received a construction permit from EPA in 1977. In 1978, EPA incorporated best available cont...

The Federal Circuit held that a mining company did not suffer a taking when the OSM designated lands subject to the company's surface mining leases as unsuitable for mining pursuant to SMCRA. The company did not suffer a categorical taking because the company did not lose all economically viable use...

The Federal Circuit held that the BLM's delay in approving a company's application for permits to drill oil and gas wells did not constitute a temporary regulatory taking. The delay was not extraordinary since it allowed the government to evaluate whether the proposed wells would cause the release o...

The Sixth Circuit upheld the dismissal of a company's takings claim against Kentucky for denying a permit to mine. The company originally filed suit in state court, where it ultimately was dismissed for failure to exhaust administrative remedies. It then filed suit in federal court. The Eleventh Ame...

A federal claims court, on remand, adjusted the damages awarded to the owners of low-income housing units that suffered a temporary regulatory takings in connection with the passage of the Emergency Low-Income Housing Preservation Act of 1987 and the Low-Income Housing Preservation and Resident Home...

The Sixth Circuit held that individuals may go forward with their class action suit against a cement manufacturing plant for current and future personal and real property damages, diminution in property value, and various detrimental health effects caused by the emission of toxic pollutants. The Jud...

The Seventh Circuit held that a motel owner's challenge to a city ordinance that designated its property as a potential target for acquisition is unripe. The owner's claim, whether labeled an equal protection claim or a takings claim, is subject to the special ripeness standards for constitutional p...

The Tenth Circuit upheld the dismissal of a timber company's claim challenging the U.S. Forest Service's Historical Preservation Plan (HPP) for the Medicine Wheel National Historic Landmark and Vicinity in the Bighorn National Forest. The Forest Service rejected the company's challenge to the HPP, w...

The Federal Circuit held that the government's deposit of sand on landowners' property amounted to a physical taking of a permanent easement but that the landowners failed to establish any decline in the fair market value of their property. Although the lower court properly held that the landowners ...

The Ninth Circuit held that an agricultural association's First Amendment Expression Policy, which prohibits individuals from demonstrating outside its rodeo and circus arena except in designated "free expression zones" that are located away from the building's entrances, is unconstitutional on its ...