The court holds that the Tucker Act's statute of limitations does not bar a development company's claim that U.S. Marine Corps munitions-handling operations at Blount Island, Florida, resulted in a temporary taking of the company's property without just compensation. The statute of limitations began...

The court holds that a phosphate mining company lacks standing to challenge a competitor's phosphate mining project under the National Environmental Policy Act (NEPA). The company had no environmental interests at stake. Rather, it challenged the project because it might become an alternative suppli...

A court dismisses a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement work at its property. The owner claimed that the abatement company'...

The court holds that the Pennsylvania Department of Agriculture's actions in response to an outbreak of avian influenza did not deprive a poultry farmer of his property in violation of the Fourteenth Amendment. The case arose after three flocks of the farmer's chickens were suspected of having avian...

A court dismisses a company's claims against the prior owners of its property for failing to remove drums, titanium grindings, and other metals from the site pursuant to a purchase agreement. The company also argued that the prior owners violated a state court order, issued in conjunction with a set...

The court dismisses a petition challenging a U.S. Environmental Protection Agency (EPA) rule allowing the director of an approved state landfill to grant variances from EPA criteria for sanitary landfills. The environmental group challenging the rule lacks associational standing because none of its ...

The court holds that a solid waste management district regulation requiring solid waste to be disposed at either in-district or out-of-state landfills, unless otherwise authorized, does not violate the U.S. or Arkansas Constitutions. The regulation does not violate the Commerce Clause because it is ...

A court reverses a lower court decision denying animal activists' motion to strike state employees' workplace violence protective orders under the state's anti-SLAPP statute. Following a nighttime protest at one of the employees' homes, a trial court issued temporary restraining orders against the a...

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking more than intermittent and temporary invasions, or the placement of a fixed structure upon the land by ...

The court affirms a lower court's grant of summary judgment in favor of a trade association declaring that a county's proposed ordinance involving waste disposal is unconstitutional and enjoining the county from its enforcement. By forcing the trade association's members to use the county's disposal...