The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs). The Court first notes that its discussion is confined to whet...

The court holds that a district court erroneously dismissed a nondiverse defendant as fraudulently joined in an action based on oil companies' alleged contamination of Mississippi property with naturally occurring radioactive material (NORM). The court first holds that a party removing an action to ...

The court holds that a district court properly dismissed a class action brought by Peruvian citizens alleging injuries from a U.S. corporation's copper smelting and refining operations in Peru. The court first holds that the district court had federal question jurisdiction because the complaint rais...

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution by barring the importation of waste processing services. Minnesota statute §115A.46 requires public enti...

The court holds that the Secretary of the Interior must continue to process a mining company's patent application for mining lode claims to determine whether it is exempt from a statutory moratorium on expenditure of funds for processing patent applications. On September 30, 1994, Congress enacted t...

The court holds that it lacks jurisdiction over an interlocutory appeal of a district court's refusal to hold a pre-indictment hearing to determine if the government improperly used compelled employee statements in a grand jury proceeding regarding an explosion at a rocket-fuel manufacturing facilit...

The court holds that a low-level radioactive waste (LLRW) facility developer lacks standing to challenge the Secretary of the Interior's rescission of its previous record of decision approving the sale and transfer of federal land to the state of California, which would have allowed the developer to...

The court denies a union's request to compel the U.S. Department of Labor to promulgate an emergency temporary standard to protect mine workers from exposure to respirable coal mine dust. The court first holds that the union failed to satisfy its burden of showing that an emergency temporary standar...

The court holds that it lacks jurisdiction to hear intervening homeowners' appeal of a suit concerning a boundary dispute between Native Americans and the U.S. Department of the Interior (DOI) in Albuquerque, New Mexico. The Native Americans sued DOI claiming that an 1859 government survey erroneous...

The court vacates a district court declaratory judgment stating that a pollution exclusion clause in a landlord's insurance policy precluded coverage against a tenant's lead poisoning claim. The district court issued the judgment during the pendency of a state court action addressing the same issue....