The court holds that the Court of Federal Claims improperly held that the Stafford Act, collateral estoppel, and a contract release barred a South Florida trailer park owner's breach of contract claim against the federal government, but the owner's taking and inverse condemnation claims were appropr...
The court denies petitions brought by three groups of individuals seeking to remand their claims for personal injury and wrongful death damages due to asbestos exposure. The petitioners' claims initially were filed in Georgia, New York, and Oregon, but were transferred to a multidistrict litigation ...
The court holds that the federal courts can hear a trailer park association's claim that a local rent control ordinance regulating trailer parks effected an unconstitutional taking under the Fifth and Fourteenth Amendments. Because the association brought suits in federal and state court, the federa...
The court reverses and remands a trial court decision that water district residents did not have standing to challenge the district's settlement agreement with hog confinement facility operators. The facility operators had applied for and had been denied water use variances sufficient to operate the...
The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the agency. The court first holds that it will not conceptually sever each landowner's fee interest into discr...
The court vacates a district court decision denying Eleventh Amendment immunity to the commissioner of a state environmental agency who allegedly violated the Resource Conservation and Recovery Act (RCRA) by taking no action to prevent or respond to environmental contamination on a company's land. T...
The court vacates a portion of a U.S. Environmental Protection Agency (EPA) regulation in which it determined that oil-bearing wastewaters generated by the petroleum refining industry are solid wastes under the Resource Conservation and Recovery Act (RCRA), but upheld EPA's determination that recove...
The court denies a construction company's petition to review an administrative law judge's (ALJ's) order upholding a nine-item citation against the company for violating Occupational Safety and Health Administration (OSHA) standards for lead exposure in construction work. The court first holds that ...
The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...
The court holds that claim preclusion bars an individual's Clean Water Act (CWA) §§402 and 404 suit against a state and state employees for removal of a dam. In state court, the individual challenged the state environmental agency's decision to remove the dam and claimed that remedial steps should...