Governance

The court holds that the take provision of the Endangered Species Act (ESA), as applied to landowners, does not violate the U.S. Commerce Clause. After purchasing property, the landowners sought…

The court holds that a Native American tribal court was not created in accordance with federally mandated procedures, that the illegitimately formed tribal court could not exercise jurisdiction…

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…

The court upholds a district court decision denying environmental groups the right to intervene in a suit concerning the listing of the Atlantic salmon as an endangered species. In 1999, the…

The court holds that Massachusetts' environmental superlien statute, which allows the commonwealth to place a priority lien on property after spending money assessing or cleaning up a…

The court holds that the Endangered Species Act's (ESA's) application to private lands in order to protect an endangered species that lives entirely within one state does not violate the…

The court reverses a lower court's decision holding that even though the United States breached a fiduciary obligation to a Native American tribe, the United States did not have a trust…

The court vacates a preliminary injunction enjoining a New York town from proceeding with its condemnation action against a landowner. The city sought to condemn the landowner's property as…

The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily or capriciously in approving Montana's water quality standards exempting nonpoint sources of…

The court dismisses on ripeness grounds a conservation group's claim that the U.S. Forest Service violated the Endangered Species Act (ESA) by failing to carry out certain conservation…