Court Cases - Challenges to Federal Acts

Question 1

• Court found that 1875 General railroad Right-of-Way Act (which granted easements for railroads) can be null and void when railroad is abandoned, removing the easement and reverting the land to the previous owner.

Answer 1

Brandt Revocable Trust v. United States

Question 2

• Court held that the EPA must provide a reasonable justification for why it would not regulate greenhouse gases.

Answer 2

Massachusetts v. EPA

Question 3

• Court found that the Army Corps of Engineers must determine whether there is significant nexus between a wetland and a navigable waterway.

Answer 3

Rapanos v. United States

Question 3

• Court found that hydroelectric dams are subject to the Section 401 Clean Water Act.

Answer 3

SD Warren v. Maine Board of Enviornmental Protection

Question 4

• Court was asked to evaluate whether disparate impact is the appropriate standard to evaluate the impact of the Fair Housing Act.
• Court found that Disparate Impact is the appropriate standard , showing that policies bringing minorities to poor areas violates the Fair Housing Act.

Answer 4

Texas Department of Housing & Community Affairs v. Inclusive Communities Project Inc.