The court upholds a trial court determination that a use prohibition issued by the U.S. Army Corps of Engineers under Federal Water Pollution Control Act §404 constitutes a mere diminution in value of a real estate developer's land and does not constitute a compensable categorical taking. The court...

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state...

The court affirms a district court decision holding that a city did not violate property owners' procedural and substantive due process rights when it granted a neighboring property owner a special use permit allowing the operation of a beauty salon and the paving of a yard. The court first holds th...

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...

The court dismissed a Florida resident's claims that three Wyoming statutes unconstitutionally limit hunting opportunities for nonresidents. The individual lacks standing to challenge the "guide statute" that creates two classes of hunters—resident and nonresident—for wilderness hunting because ...

The court holds that although conservation officers conducted a search and seizure without a warrant and within the curtilage of individuals' home, the officers enjoyed qualified immunity. The individuals own an undeveloped tract of 50 acres that abuts a state park in which no hunting is allowed. Th...

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...

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...

The court holds that a Vermont Environmental Board Act 250 (Act 250) permit that restricted truck travel through a village does not violate the U.S. Commerce Clause or the Supremacy Clause. A company whose goods were transported through the village challenged the board's application of Act 250 argui...

The court affirms the U.S. Court of Federal Claims' holding that the passage of the Resolution of Western Lands Dispute Act did not effect a taking of a railroad's land. When the railroad was incorporated in 1866, it was granted large areas of public land by the U.S. government. In exchange for the ...