Air Conditioning and Refrigeration Institute v. Energy Resources Conservation and Development Commission
397 F.3d 755 (9th Cir. 2005)
The Air Conditioning and Refrigeration Institute, joined by several other appliance manufacturing associations (collectively Appliance Associations), brought suit alleging that regulations adopted by California's Energy Resources Conservation and Development Commission (Commission) were preempted by the federal Energy Policy and Conservation... {Continue reading}

Dodd v. Hood River County
136 F.3d 1219 (9th Cir.), cert. denied, 119 S. Ct. 278 (1998)
In its second attempt[1] to settle a dispute between the County of Hood River; the State of Oregon; and Thomas and Doris Dodd, a couple who sought to build their retirement home in an area designated under state law as... {Continue reading}

Dodd v. HoodRiverCounty
59 F.3d 852 (9th Cir. 1995)
Two owners of property located in a forest use zone in Hood River County, Oregon sued the County in state and federal court alleging a regulatory taking of their property. The plaintiffs knew in 1983 when they bought their property... {Continue reading}

Hanford Downwinders Coalition, Inc. v. Dowdle
71 F.3d 1469 (9th Cir. 1995)
A citizens' action group, the Hanford Downwinders Coalition (HDC), filed suit asking that the Agency for Toxic Substances and Disease Registry (ATSDR) begin health surveillance testing on the population surrounding Hanford Nuclear Reservation (Hanford). The Ninth Circuit held that the... {Continue reading}

Headwaters Forest Defense v. County of Humboldt
211 F.3d 1121 (9th Cir. 2000)
Nine environmental activists and an environmental group brought a section 1983 civil rights action[1] against Humboldt County, the county sheriff, city police, and sheriff's deputies and police officers. The plaintiffs alleged that the defendants' use of pepper spray during three... {Continue reading}

Hoeck v. City of Portland
57 F.3d 781 (9th Cir. 1995), cert. denied, 116 S. Ct. 910 (1996)
Hans Hoeck owned the Bridgeport Hotel in Portland, Oregon. He planned to renovate it and convert it to an office building. After renovation commenced, Mr. Hoeck's financing was discontinued because his lender became insolvent. He was unable to obtain... {Continue reading}

Madison v. Graham
316 F.3d 867 (9th Cir. 2002),cert. denied, 123 S. Ct. 221 (2003)
A group of landowners challenged the constitutionality of a Montana stream access law, alleging it violated the Due Process Clause of the Fourteenth Amendment[1] and was void for vagueness. The district court held that the landowners actually alleged a Fifth... {Continue reading}

Mount Graham Coalition v. Thomas
89 F.3d 554 (9th Cir. 1996)
This is another chapter in the long conflict between a university's telescope and the endangered Mt. Graham Red Squirrel. In 1988, the University of Arizona desired to build a Large Binocular Telescope (LBT) in the area of Mt.Graham. The University... {Continue reading}

Natural Resources Defense Council v. California Dep't of Transp. (Caltrans)
96 F. 3d 420 (9th Cir. 1996)
This case involves citizen suit enforcement under the Clean Water Act (CWA). In Caltrans, the Natural Resources Defense Council (NRDC) brought suit originally against the California Department of Transportation (Caltrans) and its director, James Van Loben Sels, alleging Caltrans' noncompliance... {Continue reading}

Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency
216 F.3d 764 (9th Cir. 2000)
The Ninth Circuit reversed the district court's holding that a temporary building moratorium amounted to a categorical taking, affirmed the district court's conclusion that the Tahoe Regional Planning Agency's (TRPA) adoption of a development plan was not the actionable cause... {Continue reading}