Often, a legal dispute may not look like it involves an environmental issue on the surface, but cases involving regulatory power and zoning can have huge environmental repercussions.
- Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926) local government's zoning ordinance was constitutional exercise of government's police power.
- Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608, (2d Cir. 1965), cert. denied, 384 U.S. 941 (1966) seminal case in which plaintiffs with demonstrable environmental interests had standing to sue and could present expert testimony on scenic values balanced against economic and development ones.
- Calvert Cliffs Coordinating Committee v. AEC, 449 F. 2d 1109 (1971) sets forth guidelines with which an agency's decision-making process must comply, under NEPA
- Sierra Club v. Morton, 405 U.S. 727 (1972) grants persons with little or no economic interest but with a demonstrated public concern standing to bring suit and intervene in the federal courts.
- Tanner v. Armco Steel Corp., 340 F. Supp. 532 (S.D. Texas, 1972) plaintiffs sought to establish a constitutional right to a decent environment.
- Palila v. Hawaii Dept. of Land and Natural Resources, 852 F.2d 1106 (9th Cir. 1988) Court held that destruction of endangered species' habitat by invasive sheep constituted harm under ESA regulations and an unlawful taking under the ESA.
- Intermountain Forest Industry Ass'n v. Lyng, 683 F.Supp. 1330 (D. Wyoming 1988) plaintiffs sought preliminary injunction of Forest Services' limits on timber volumes which could result in closure of sawmill. Stating that an injunction would "upset the careful structure of forest planning crafted by Congress" and injure the public interest, the court held that the plaintiffs failed to establish irreparable harm and probability of success on the merits and therefore denied their motion.
- East Bibb Twiggs Neighborhood Ass'n v. Macon-Bibb County Planning & Zoning Commission, 706 F.Supp. 880 (M.D. Ga. 1989) Court found no evidence that Commission's decision to allow private landfill in plaintiff's neighborhood was motivated by race and therefore a denial of equal protection.
- Juliana v. U.S., 947 F.3d 1159, 1175 (9th Cir. 2020) dismissed case of 21 minor plaintiffs who claimed that government's failure to address climate change violated their constitutional right to a stable climate system that can sustain human life. U.S. District Court Oregon allowed the case to proceed in 2024 WL 1695064. Defendents sought mandamus to enforce earlier court order, which 9th Circuit granted in 2024 WL 5102489.
- Sackett v. EPA, 598 U.S. 651 (2023) involved land owners who brought action under Administrative Procedure Act alleging that EPA lacked jurisdiction to issue compliance order informing them that backfilling residential lot near lake with dirt and rocks in preparation for home construction violated CWA. Court held that CWA extends only to wetlands that have a continuous surface connection with "waters" of the United States, i.e., with a relatively permanent body of water connected to traditional interstate navigable waters. Wetlands on residential lot did not constitute "waters of the United States".
- Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) fishermen challenged rule issued by the National Marine Fisheries Service requiring them to pay for the costs associated with carrying observers on board their vessels to collect data about their catches and monitor for overfishing. Court held that the Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority and may not defer to an agency interpretation of the law simply because a statute is ambiguous, thus overruling the landmark 1984 decision in Chevron v. Natural Resources Defense Council.
- Ohio v. EPA, 144 S.Ct. 2040 (2024) relates to the so called “good neighbor” provision of the Clean Air Act, which requires “upwind” states to reduce emissions that affect the air quality in “downwind” states. Court temporarily blocked EPA's good neighbor rule to reduce air pollution from power plants and other industrial facilities in 23 states, while the states challenged EPA's plan in the U.S. Court of Appeals for the DC Circuit.
