The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment immunity with respect to contribution claims by third-party plaintiffs ...

The court holds that a county's imposition of conditions on commercial developers' master plan for three parcels of property did not violate the developers' rights to substantive due process and equal protection under the Fourteenth Amendment to the U.S. Constitution. The court first holds that the ...

The court holds that the Price-Anderson Amendments Act of 1988's choice-of-law provision mandates the retroactive application of Pennsylvania's two-year statute of limitations to bar the claims of 42 plaintiffs filed in Mississippi State and federal court for injuries allegedly caused by the Three M...

The court holds that a county's rezoning of a landowner's beachfront property from residential to private airport use and leasing of the property to an airport tenant was not an unconstitutional taking or a violation of the landowner's substantive due process rights. The court first holds that the c...

The court holds that Ohio statutes and regulations restricting commercial fishing of walleye and yellow perch do not violate the Commerce Clause of the U.S. Constitution. The court first holds that the statutes and regulations are not examples of simple economic protectionism. They do not distinguis...

The court holds that legislation applying the Arizona-Idaho Conservation Act exemption from Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) requirements to the construction of an observatory on a site in endangered red squirrel habitat does not violate the separation of pow...

The court holds that New Jersey's self-sufficiency policy, whose goal is to eliminate the use of out-of-state disposal facilities by the year 2000, violates the Commerce Clause of the U.S. Constitution. The state implemented the policy by either rejecting long-term out-of-state disposal contracts, i...

The court directs a district court to enjoin South Dakota state officials from relitigating in state court issues that the federal circuit court has already decided concerning the permitting of a solid waste disposal facility. In SDDS, Inc. v. South Dakota, 25 ELR 20967 (1995), the circuit court eff...

The court holds that South Carolina laws that limit the amount of out-of-state waste that may be disposed of in South Carolina violate the Commerce Clause of the U.S. Constitution. One statute requires South Carolina hazardous-waste facilities to reserve space for in-state waste and caps the amount ...

The court affirms a district court determination that §2001(k)(1) of the 1995 Rescissions Act is constitutional and does not violate separation of powers by permitting Congress to resurrect timber sales that federal courts have enjoined. The district court also correctly held that "offered" sales, ...