The court affirms a district court's grant of summary judgment to the Tennessee Valley Authority (TVA) on environmental groups' request for civil penalties and on its claim as to violations of the Clean Air Act's (CAA's) 20% opacity limitation occurring before May 20, 1999, but it reversed summary j...

The court holds that a solid waste management district regulation requiring solid waste to be disposed at either in-district or out-of-state landfills, unless otherwise authorized, does not violate the U.S. or Arkansas Constitutions. The regulation does not violate the Commerce Clause because it is ...

The court reverses the dismissal of an individual's complaint against his employer under the Clean Air Act's (CAA's) whistleblower provision. The U.S. Department of Labor's Administrative Review Board (ARB) dismissed the complaint reasoning that the individual did not engage in a protected activity ...

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking more than intermittent and temporary invasions, or the placement of a fixed structure upon the land by ...

The court affirms a lower court's grant of summary judgment in favor of a trade association declaring that a county's proposed ordinance involving waste disposal is unconstitutional and enjoining the county from its enforcement. By forcing the trade association's members to use the county's disposal...

The court holds that the Pipeline Safety Improvement Act of 2002 preempts a city's regulatory efforts to provide safety oversight of a hazardous liquid pipeline within city boundaries. After a section of a hazardous liquid pipeline exploded in Seattle, Washington, the city refused to renew the pipel...

A court partially grants the U.S. Environmental Protection Agency's (EPA's) and individuals' motions to dismiss a class action suit stemming from plaintiffs' exposure to hazardous substances in the interior of their residences, schools, and workplaces as a result of the dust and debris released from...

The court holds that municipal flow control ordinances do not violate the dormant Commerce Clause of the U.S. Constitution. The municipal scheme at issue requires that the garbage generated by local households and businesses be delivered to facilities that are owned and operated by a public corporat...

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in th...

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit limited the landowner from extracting no more than 12,000 acre/feet per year of water from the aquifer underlyi...