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Weinberg v. Whatcom County

The court holds that a developer's right to procedural due process was violated when a county planning agency failed to provide a hearing to the developer before halting a previously approved land development project, but that a district court correctly granted the county's summary judgment motion a...

On the Green Apartments L.L.C. v. Tacoma, City of

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal area and all city businesses and residents to have their waste col...

Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

Michigan S. R.R. v. Kendallville, Ind., City of

The court holds that the Federal Railroad Safety Act (FRSA) preempted a municipal ordinance requiring a railroad to cut weeds along its right-of-way within the municipality. The FRSA regulates every area of railroad safety, and the Act preempts all railroad safety legislation except for specific sta...

Friends of the Cowlitz v. Federal Energy Regulatory Comm'n

The court denies environmental groups' petitions to review the Federal Energy Regulatory Commission's (FERC's) decision not to bring an enforcement action against a city for violating the terms of an operating license for a hydroelectric project on the Cowlitz River in Washington. In 1967, the city ...

IES Indus., Inc. v. United States

The court holds that an electric utility company that was a 70% owner of a nuclear power plant in Iowa can deduct 15 years' worth of Energy Policy Act (EPACT) assessments in the tax year that the liability was determined. In 1992, Congress enacted the EPACT, which established a fund for the decontam...

Iowa Coal Mining Co. v. Monroe County, Iowa

The court holds that a county zoning board's denial of an existing nonconforming use certificate to a strip miner that also wanted to operate a landfill on its property did not violate the strip mining company's due process or equal protection rights or constitute a taking without just compensation....

United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Auth.

The court reverses and remands a district court decision and holds that counties' flow-control ordinances, which require that all waste generated within the counties be delivered to one of five publicly owned facilities, are not unconstitutional under the U.S. Commerce Clause. In-state waste haulers...

Northeast Conn. Econ. Alliance, Inc. v. ATC Partnership

The court holds that a trial court erred in not evaluating evidence of environmental contamination and remediation costs related to a company's property that a regional economic alliance, acting for a town, took by eminent domain. The court first holds that excluding contamination evidence, as a mat...