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Pye v. United States

The court holds that owners of land in South Carolina adjacent to both land containing a historic plantation and an African American cemetery and land on which a road crossing is constructed have standing to bring a National Historic Preservation Act (NHPA) challenge to the U.S. Army Corps of Engine...

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

The court denies a U.S. Army Corps of Engineers' motion to change venue in an environmental group's suit against it for violating the Clean Water Act (CWA) §404 by authorizing a surface mining company to fill streams with waste rock under a nationwide permit and without an environmental impact stat...

Riverkeeper, Inc. v. Whitman

The court denies an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group under which EPA agreed to promulgate Clean Wate...

Harbours Pointe of Nashotah, L.L.C. v. Nashotah, Village of

The court affirms a district court holding that a development company failed to exhaust adequate state remedies in challenging as a taking a special assessment levied by a village. In 1980, the village entered an agreementto construct a local sewer system and levied reserve capacity assessments to f...

Johnson Controls, Inc. v. Employers Ins. of Wausau

The court affirms a trial court holding that no insurance coverage existed for 21 of a company's contaminated landfill sites. For purposes of determining if the company's insurance applied, the court set forth four categories of sites. The first category is one where the insured is responsible for c...

Dougherty v. North Hempstead Bd. of Zoning Appeals, Town of

The court affirms the dismissal of a landowner's due process and equal protection claims against a zoning board that denied the landowner's application for a building permit, but reverses the denial of the landowner's motion to amend the complaint to include a First Amendment retaliation claim. The ...

Friends for Ferrell Parkway v. Stasko

The court affirms a district court decision holding that an organization lacked standing to seek judicial review of a proposed land transaction between the U.S. Fish and Wildlife Service (FWS), a city, and a private developer that would protect sensitive wetlands and wildlife habitat. Under the tran...

Clean Air Mkts. Group v. Pataki

The court holds that the New York Air Pollution Mitigation Law is preempted by the Clean Air Act (CAA) and violates the U.S. Commerce Clause. Under Air Pollution Mitigation Law §66-k, an electric generator is assessed an offset penalty when it sells a sulfur dioxide (SO2) allowance to a generator i...

Rhode Island Dep't of Envtl. Management v. United States

The court affirms a district court decision enjoining federal administrative proceedings on the grounds that the proceedings infringed upon a state's constitutionally protected sovereign interests. Three individuals filed administrative complaints against Rhode Island's environmental agency alleging...

Greater Yellowstone Coalition v. Bosworth

The court holds that the U.S. Forest Service (Forest Service) violated the National Environmental Policy Act (NEPA) and the Rescissions Act by reissuing a permit for livestock grazing in the Gallatin National Forest without first conducting a NEPA review. In 1994, the Forest Service implemented a po...