The Federal Circuit reversed the dismissal of landowners "rails to trails" takings claims against the government. The landowners alleged that the government's issuance of a Notice of Interim Trail Use or Abandonment (NITU) in 2006 constituted a compensable Fifth Amendment taking because it operated ...

The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment procedures, but it insisted there has been no procedural impropriety because the letters should be conside...

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued a §404 permit allowing a mining company to permanently fill 11,194 linear feet of streams in Boone County, West Virginia. The court previously issued a remand order requiring the Corps to: (1) re-is...