The court holds that the U.S. Army Corps of Engineers' denial of landowners' Clean Water Act §404 permit application effected a permanent taking of their property in violation of the Fifth Amendment. The court first holds that the landowners' claim is ripe. Even if more information were offered by ...

The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has attacked a person, livestock, or pets, is a valid exercise of fede...

The court affirms a district court decision that municipal liens placed on individuals' property did not constitute a taking or violate the individuals' due process rights. In 1992, and again in 1993, a town imposed municipal liens on the property for municipal improvement. In 1999, the individuals ...

The court upholds a district court's order affirming the Bureau of Land Management's (BLM's) denial of plaintiff-appellant's request for a coal lease suspension pursuant to §39 of the Mineral Leasing Act. The court first holds that the district court's decision affirming BLM's denial of a §39 susp...

The court holds that the Bureau of Land Management's (BLM's) denial under the Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act of an application to drill on an oil and gas lease did not constitute a permanent taking of the leaseholder's rights. BLM denied the application until the U.S. Environ...

The court holds that the Eleventh Amendment does not immunize a receiver of estate trusts from being sued solely in its representative capacity. The state of California filed suit against the trustees of a manufacturer's estate to recover cleanup costs at the plant. At the trustees' request, the Con...

The court holds that a developer's takings claim against the United States is barred by 28 U.S.C. §2501's six-year statute of limitations. Two developers claim that the U.S. Army Corps of Engineers' denial of a permit application to construct a levee, and the Corps' subsequent selection of an alter...

The court upholds the U.S. Department of the Interior's (DOI's) decision to deny lessors' request to cancel their Native American oil and gas lease because of the lessee's royalty underpayment violations. The court first holds that the lessors' constitutional argument is meritless. Instead of arguin...

The court holds that the Interstate Commerce Commission Termination Act (ICCTA) preempts state and local environmental review of a rail carrier's reacquisition and reopening of the Stampede Pass railroad line in Washington State. The court first holds that the plain language of two sections of the I...

The court holds that the Eleventh Amendment does not bar the removal from state to federal court of a power plant's federal and state claims against a state environmental agency. The power plant filed claims in state court against state and county environmental agencies after they claimed that the p...