Tag: Clean Water Act

August 5, 2026, opinions

August 6, 2026

Designated for publication Graves, J. (Wiener, Haynes, Graves) (oral argument), takings, preemption Affirming dismissal of challenges to City’s short-term rentals regulations. New Orleans has enacted a series of ordinances to address the negative effects of short-term rentals (e.g., Airbnb) on residential neighborhoods, including noise, trash, loss of neighborhood character, and reduced affordable housing. A group … More August 5, 2026, opinions

August 7, 2025, opinions

August 10, 2025

Designated for publication per curiam (Elrod, Higginbotham, Smith), Clean Air Act, administrative law, Administrative Procedure Act, venue On remand from U.S. Supreme Court, original panel opinion from November 22, 2023 (Elrod, Smith, Higginbotham; Higginbotham, J., dissenting) (vacating EPA decision to deny refineries’ requested exemptions from the Renewable Fuel Standard program of the Clean Air Act), … More August 7, 2025, opinions

December 9-13, 2024, opinions

December 16, 2024

Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions

December 18, 2023, opinions

December 19, 2023

Designated for publication Jones, J. (Jones, Higginson, Duncan), Higginson, J., concurring; Clean Water Act, mootness Vacating district court’s judgment declining to review the Corps of Engineers’ jurisdictional determination under the Clean Water Act that landowner’s property contained jurisdictional wetlands, which determination the Corps had reached after the remand by the district court of an earlier … More December 18, 2023, opinions

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

Take the Fifth: April 30, 2021 opinions

May 1, 2021

Designated for publication Douglas v. Nippon Yusen Kabushiki Kaisha, 20-30379, appeal from E.D. La. per curiam (King, Elrod, Willett), Elrod, J., specially concurring, joined by WIllett, J.; personal jurisdiction Affirming dismissal of two lawsuits against Japanese company that chartered boat that collided with U.S. Navy vessel in Japanese territorial waters, killing seven sailors and injuring … More Take the Fifth: April 30, 2021 opinions

Take the Fifth: Jan. 19, 2021 opinions

January 20, 2021

Designated for publication Brown v. Tarrant County, Texas, 19-10594, appeal from N.D. Tex. Duncan, J. (Clement, Ho, Duncan), § 1983, qualified immunity Affirming dismissal of civilly committed violent sex offender’s § 1983 claims against county and sheriff for a 20-day confinement in the county jail during which he did not receive his sex-offender treatment. The … More Take the Fifth: Jan. 19, 2021 opinions