The court vacates and remands a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property under the Fifth and Fourteenth Amendments to the U.S. Constitution, because the magistrate judge misapplied the legal standard for partial takings and failed ...

The court holds that an appeal by commercial fishermen from a federal district court's dismissal of the fishermen's constitutional taking, equal protection, and due process challenge of a court-approved Michigan plan to restore aboriginal fishing rights to Michigan Indians, involving exclusive fishi...

The court holds that a U.S. Army Corps of Engineers' (Corps') cease and desist order requiring a land developer to suspend construction on wetlands' portions of a residential development for three years did not constitute a taking of property without just compensation in violation of the Fifth Amend...

The court holds that a letter from the U.S. Environmental Protection Agency notifying a potentially responsible party (PRP) that it may be liable for cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not a "suit" triggering an insurer's duty to...

The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota Environmental Rights Act (MERA), and common law, against a dissolved corpora...

The court holds that a lawsuit by individuals against a chemical company for damages based on injuries resulting from exposure to thorium-containing fill material was properly removed to federal court, because the chemical company brought a third-party complaint against officials of the U.S. Environ...

On remand from the U.S. Supreme Court, the South Carolina Supreme Court directs the trial court to make specific findings of damages, commencing with the date of enactment of the 1988 state Beachfront Management Act through the date of the court's order, to compensate a landowner for a temporary dep...

The court rules that the provisions of the Georgia Comprehensive Solid Waste Management Act (GCSWMA), and regulations of the Georgia Department of Natural Resources Environmental Protection Division (EPD) governing out-of-state solid waste, are unconstitutional burdens on interstate commerce in viol...

The court amends its decision at 22 ELR 21455, which vacated and remanded a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property under the Fifth and Fourteenth Amendments to the U.S. Constitution. In its amended opinion, the court directs the ...

The court holds that a county in the state of Washington violated the Commerce Clause of the U.S. Constitution when it adopted an ordinance barring disposal in the county of medical waste generated outside the county, and the court remands for a determination of whether attorneys fees are warranted ...