The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...
The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...
A district court granted in part and denied in part summary judgment for a conservation group in a challenge to the National Park Service's (NPS') delayed implementation of a marine reserve zone and commercial fishing phaseout in Biscayne National Park in Florida. The group argued NPS violated the A...
A district court denied outdoor recreation groups' request to halt implementation of BLM's 2023 travel management plan (TMP) closing over 300 miles of routes previously available for off-highway vehicle use on public lands within the Labyrinth/Gemini Bridges Travel Management Area in Utah. The group...
A district court denied summary judgment for conservation groups in a challenge to BLM's authorization of six lease sales for oil and gas development in the western United States. The groups argued BLM failed to take the requisite "hard look" when analyzing the cumulative impact of greenhouse gas em...
In an en banc decision, the Ninth Circuit, 6-5, affirmed a district court order denying a tribal group's motion for preliminary injunction against the U.S. government's transfer of federal land within Tonto National Forest to a mining company. The land is a site of spiritual value to the Western Apa...
The Fourth Circuit reversed a district court order abstaining from ruling on constitutional claims brought by mineral interest owners challenging amendments to West Virginia's oil and gas conservation law. Plaintiffs argued the amendments, which for the first time authorized "unitization of interest...
The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.
The Eighth Circuit reversed a district court ruling in a challenge to Iowa's "ag gag" law that criminalizes undercover investigations at agricultural production facilities. Initially, the law prohibited the facilities from being accessed under false pretenses as well as prohibited false statements o...
In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.