The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for its denial of the developer's Federal Water Pollution Control Act §404 dredge and fill permit applicati...

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal of waste generated within Oregon violates the Commerce Clause of the U.S. Constitution. Oregon imposed a $2.5...

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to federal court under the Price-Anderson Amendments Act (PAAA), and that retroactive application of the PAAA di...

The court holds that the Illinois Coal Act violates the Commerce Clause of the U.S. Constitution. The Act requires public utilities to devise Clean Air Act (CAA) compliance plans and present them to the Illinois Commerce Commission for approval. The Act requires the utilities and the Commission to t...

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in the dry sand area of their property does not constitute an uncompensated taking under the Fifth Amendment to th...

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM) against mining companies was not a regulatory taking of the companies' property. The action required the co...

The court affirms a Court of Federal Claims decision that the U.S. Army Corps of Engineers' denial of a residential development company's request for a Federal Water Pollution Control Act (FWPCA) §404 permit to fill wetlands was a complete regulatory taking of the property for which the permit was ...

The court holds that South Carolina regulations and a permit condition prohibiting a landfill from receiving nonhazardous waste generated outside a seven-county region unconstitutionally burden interstate commerce. The regulations required any applicant for a permit to construct a nonhazardous solid...

The court holds that a state referendum that nullified a statute approving the construction and operation of a municipal solid waste facility did not violate the Equal Protection Clause, Commerce Clause, or Due Process Clause of the U.S. Constitution because the facility never had a valid permit. A ...

The court holds that the applicable six-year statute of limitations does not bar landowners' takings claims arising from their loss of shoreline property resulting from the U.S. Army Corps of Engineers' (Corps') construction and operation of a deep-water harbor where the situation had not stabilized...