Land Use (generally)

A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act…

A New Jersey appellate court held that a town that acquired property containing a former landfill in an eminent domain action cannot require part of the condemnation award to be set aside for…

The U.S. Supreme Court held that a property owner may proceed with his APA suit against the United States claiming that the Secretary of the Interior lacked authority under §465 of the Indian…

The Ninth Circuit held that the United States can extinguish California's public trust rights when exercising its federal power of eminent domain. The case involves 32.42 acres of land that…

A Washington appellate court held that the developer of 30 residential waterfront lots must seek a permit under the Shoreline Management Act of 1971 prior to building private docks to accompany…

A California appellate court upheld a county board's adoption of a zoning ordinance pertaining to lot line adjustments. The ordinance continued the county's existing administrative…

A Pennsylvania appellate court enjoined for 120 days the effective date of a new state law, Act 13, that authorizes municipalities to regulate the location of oil and gas operations but not the…

The First Circuit upheld the dismissal of a citizen group's lawsuit against the FWS in a suit concerning Maine's conveyance of easements on a recreational trail purchased with federal…

A New York court upheld a town's enactment of a zoning law that bans oil and gas drilling, including hydraulic fracturing, within the geographical borders of the township. The holder of two…

The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme…