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Kenneth Jost

High Court Limits Endangered Species Protections

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WASHINGTON _ Home builders are praising and environmentalists criticizing the Supreme Court’s decision allowing states to administer water pollution permitting programs without complying with a key provision in the federal Endangered Species Act.
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Builders, Administration Differ With Environmentalists On Species Review

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WASHINGTON _ Home builders are hoping that the U.S. Supreme Court will overturn a Ninth U.S. Circuit Court of Appeals decision that could broaden the impact of the federal Endangered Species Act on residential and commercial construction.

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Supreme Court Decision Brings Wetlands Uncertainty

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WASHINGTON _ The Supreme Court's splintered decision on wetlands protection is likely to result in more litigation for federal agencies and new attention to California water boards’ expansive jurisdiction over the state’s waters.

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Supreme Court Upholds Use Of Eminent Domain For Development

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The Supreme Court's closely divided decision backing the use of eminent domain for economic development gives state and local governments a qualified boost in what property rights advocates promise to be continuing challenges to the practice in state courts.

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Supreme Court Sides With Municipality In Antenna Case

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WASHINGTON _ The Supreme Court has spared municipalities from the threat of paying attorneys fees awards for improperly blocking construction of cellphone towers.

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Eminent Domain Opponents Have It Rough At High Court

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WASHINGTON _ The U.S. Supreme Court appeared unreceptive in late February to arguments by property-rights advocates to rein in the use of eminent domain by municipalities that take land and turn it over to private companies for economic development.

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Supreme Court: Federal Air Regulations Trump State Rules

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The federal Clean Air Act requires new factories and power plants to use the "best available control technology" to limit air pollution, but generally lets states determine what specific systems satisfy the law.

But in a closely divided decision issued in late January, the usually states rights-minded high court sided with the feds and upheld EPA’s authority to override state environmental regulators.

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Sacramento Developer Loses Clean Water Act Case At High Court

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WASHINGTON _ A deadlocked U.S. Supreme Court has upheld a $500,000 fine against a California developer for "deep ripping" about two acres of wetlands on a Central Valley ranch while converting pasture to vineyards and orchards.

The justices divided 4-4 in an appeal by Angelo Tsakopoulos seeking to set aside penalties levied by the U.S. Army Corps of Engineers for violating provisions of the Clean Water Act that require a permit before filling or dredging waterways.

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High Court Gives New Life to L.A. Adult Business Zoning

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WASHINGTON _ A U.S. Supreme Court decision tentatively upholding a Los Angeles zoning ordinance banning multiple adult businesses at the same location left lawyers for both sides predicting victory at an eventual trial.

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U.S. Supreme Court Hands Planners A Clear Victory

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WASHINGTON _ The U.S. Supreme Court gave state and local governments a green light to continue using temporary moratoria to limit or block development while devising long-range land use plans.

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