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United States v. 32.42 Acres of Land
The Ninth Circuit held that the United States can extinguish California's public trust rights when exercising its federal power of eminent domain. The case involves 32.42 acres of land that the U.S. Navy has continuously leased from the state since 1949. The parcel is subject to California's pub...
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
The U.S. Supreme Court held that a property owner may proceed with his APA suit against the United States claiming that the Secretary of the Interior lacked authority under §465 of the Indian Reorganization Act to take title to land in trust for a Native American tribe seeking to open a casino....
Pennsylvania v. Lockheed Martin Corp.
The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court erred by...
Kaahumanu v. Hawaii
The Ninth Circuit upheld the constitutionality of Hawaii's regulation of commercial weddings on the state's unencumbered beaches in all respects but one. A pastor and wedding planning companies filed suit against the state's Department of Land and Natural Resources (DLNR) alleging that its permit re...
Department of Environmental Quality v. Worth Township
The Michigan Supreme Court held that under the state's Natural Resources and Environmental Protection Act (NREPA), a municipality can be held responsible for, and required to prevent, a discharge of raw sewage that originates within its borders, even when the raw sewage is discharged by a privat...
Malibu, City of v. California Coastal Comm'n
A California appellate court held that the California Coastal Commission exceeded its jurisdiction when it approved amendments to a city's certified local coastal program at the request of state agencies and over the objection of the city. The proposed amendments would override the city's local land...
Berish v. Southwester Energy Production Co.
A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes. During the course of discovery, the residents learned that the proposed defendants participated in t...