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...

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing and approving Clean Air Act (CAA) compliance plans, violates the Commerce Clause of the U.S. Constitution....

The court upholds a cease and desist order that a state natural resources district issued against a landowner, tenant farmers, and a partnership to prevent them from withdrawing groundwater from their nine wells in excess of their permitted allocation, until the district issued an additional allocat...

The court holds that the city of Gary, Indiana, did not violate the due process rights of a municipal-landfill operator by preventing the operator's trucks from depositing nonmunicipal waste at the landfill. The operator, which had contracted with the city to operate the landfill, sued the city unde...