The court vacates and remands a district court decision that enjoined U.S. Forest Service timber harvesting in the National Forests of Texas due to on-the-ground Forest Service violations of the National Forest Management Act (NFMA). Because the NFMA does not provide for judicial review, the Adminis...
The court reverses the state environmental department's disapproval of a groundwater contamination plan submitted by an electrical manufacturer. The state agency required the electrical manufacturer to use state groundwater quality standards (GWQS) and technical rules as minimum remediation standard...
The court holds that the modification of a protected species' habitat may constitute a taking under the New York State Endangered Species Act. Property owners discovered a timber rattlesnake den near their property line and informed the state environmental agency that they intended to build a fence ...
A court holds that under the Pennsylvania Hazardous Sites Clean-Up Act (HSCA), the owner of property once used for a landfill may not recover from previous owners the costs of testing the property for hazardous substances. The court first holds that the previous owners are responsible parties within...
The court reverses a trial court decision ordering the California Coastal Commission to set aside its denial of landowners' request for a coastal development permit to expand horse stables and boarding facilities on their property and to rehear the matter to determine whether the property included p...
The court holds that the environmental review of a water allocation agreement between the state department of water resources and 29 local water contractors violated the California Environmental Quality Act (CEQA). After the parties entered long-term contracts governing the supply of water under a s...
The court holds that a real estate developer, whose proposed subdivision plat for land in Santa Fe, New Mexico, met all enumerated requirements for plat approval, was not entitled to approval of its proposed plat as a matter of federal constitutional law. The case arose after the city council revers...
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.
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.
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.