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Amoco Oil Co. v. EPA

The court holds that although the U.S. Environmental Protection Agency's (EPA's) withdrawal of a final administrative order (FAO) against an oil company rendered moot the oil company's appeal of a district court decision upholding the FAO, vacatur of the district court's order is not the proper reme...

Anderson v. Babbitt

The court holds that the exhaustion requirements of 43 C.F.R. §4.21(c) do not bar a district court from considering a colorable due process challenge to the procedures followed by the administrative law judge (ALJ) and the Interior Board of Indian Appeals (IBIA) in a pending Indian probate proceedi...

Reed v. Department of the Interior

The court affirms a district court decision that the Federal Tort Claims Act's discretionary function exception barred an individual's suit against the United States to recover damages for injuries he suffered after a car ran over his tent while he was attending a festival held on federally owned la...

Natural Resources Defense Council v. Peña

The court denies environmental groups' motion for a preliminary injunction to enjoin new U.S. Department of Energy (DOE) nuclear weapon Stockpile Stewardship and Management (SSM) facilities, as well as activities or major upgrades to mission capability based on alleged violations of the National Env...

Regulatory Takings, Methodically

The regulatory takings jurisprudence of the U.S. Supreme Court has become an ungainly body, awkward for citizens and judges to apply and challenging as well, one might guess, for the Court itself, as it continues to reshape the law to better serve its aims. One cause of this predicament: leading decisions have arisen from peculiar facts and messy procedural contexts, yielding rulings that are hard to apply elsewhere. Another cause: the divergent views of Court members on the deference properly due the work of land use regulators.

The Conservation and Recovery Act of 1999: Outer Continental Shelf Revenue Sharing

There has been a great deal of federal-state conflict, termed the "Seaweed Rebellion," regarding the development of outer continental shelf (OCS) oil and gas resources. The crux of the conflict is that the benefits of OCS energy development are national, while the impacts are regional. One of the main issues of contention is the distribution and control of the revenues derived from OCS energy development. Presently, most of the revenues are deposited into the U.S. Treasury and utilized to pay for federal programs and deficit reduction.

Historic Preservation Law in the United States

Over the past 50 years, all 50 States and over 500 municipalities have enacted laws to encourage or require the preservation of buildings and areas with historic or aesthetic importance. These nationwide legislative efforts have been precipitated by two concerns. The first is recognition that, in recent years, large numbers of historic structures, landmarks, and areas have been destroyed without adequate consideration of either the values represented therein or the possibility of preserving the destroyed properties for use in economically productive ways.

Property Rights, the Market, and Environmental Change in 20th-Century America

The economic success of the United States over the past century has prompted observers around the world to look to it for lessons on stimulating growth. Compared with many countries, the United States is plainly doing something right in terms of fostering the energies of its people. One cause of U.S. success has been the fertile land of central North America, and no study can overlook that unearned natural blessing. Still, American culture and its many institutions have played chief roles in the nation's cornucopia.

The Potential Role of Local Governments in Watershed Management

Protecting healthy watersheds and restoring degraded ones is one of this country's major unmet environmental challenges. Because watersheds do not respect political boundaries, effective watershed conservation will require cooperation and coordination among all levels of government, including local units. Watershed conservation is one of the increasingly significant environmental protection roles local governments are playing for a variety of reasons, ranging from choice to coercion.

The Tragedy of Fragmentation

Among certain academic circles, it has become common to assert that owners of private land take care of what they own. One encounters the claim most often in discussions about land-related environmental problems. Unowned lands, resources shared by many: these are the ones that are degraded, it is said, not lands that have a single owner vested with clear, secure rights. Private owners take care of what they own.