The Ninth Circuit held that California's air pollution control districts are not arms of the state and therefore are not entitled to sovereign immunity under the Eleventh Amendment. To…

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company…

The Seventh Circuit held that the state of Illinois would be violating the U.S. Constitution if it confiscated any part of a clean energy foundation's assets. After the state legislature…

The Fourth Circuit held that U.S. Environmental Protection Agency inspectors who took wastewater samples at a mill are entitled to qualified immunity. The owner of the mill had no reasonable…

The Federal Circuit affirms a lower court decision finding property owners' takings claim against the National Marine Fisheries Service unripe. The owners sought to harvest redwood trees on…

The Federal Claims Court holds that landowners are not entitled to just compensation under the Fifth Amendment in their action against the U.S. Army Corps of Engineers (the Corps) for requiring…

The Ninth Circuit upheld an individual's misdemeanor conviction for using National Forest System land in a gathering of over 75 other persons without a special-use permit. The conviction did…

The Fifth Circuit dismissed solid waste disposal companies' claims that local solid waste flow control ordinances violate the Commerce Clause. The companies lack standing to claim that the…

The Ninth Circuit held that an agricultural association's First Amendment Expression Policy, which prohibits individuals from demonstrating outside its rodeo and circus arena except in…

The Federal Circuit held that the government's deposit of sand on landowners' property amounted to a physical taking of a permanent easement but that the landowners failed to establish…