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 ...

The court holds that an Office of Government Ethics' (OGE's) regulation allowing federal employees to accept reimbursement for expenses incurred in giving "official" speeches, but not "unofficial" speeches, is valid on its face under the First Amendment. The court first holds that the proper standar...

The court holds that the presumption against extraterritorial application of statutes does not apply where the conduct regulated by the statute occurs primarily, if not exclusively, in the United States, and the alleged extraterritorial effect of the statute will be felt in Antarctica, and remands f...

The court dismisses claims by owners of property adjacent to a natural gas pipeline that the Federal Energy Regulatory Commission (FERC) violated the National Environmental Policy Act (NEPA), the Natural Gas Act (NGA), and the Due Process Clause of the U.S. Constitution when it issued a certificate ...

The court holds that the U.S. Department of Energy (DOE) must prepare a new environmental assessment (EA) for the shipment of 118 spent nuclear fuel rods from Taiwan through the port of Hampton Roads, Virginia, to a processing facility on the Savannah River in South Carolina, because its 1991 EA for...

The court holds that the U.S. Forest Service did not arbitrarily or capriciously conclude that no significant environmental impact would result from the Calispell Timber Sale in Washington State, offered pursuant to the Colville National Forest Land and Resource Management Plan, and, therefore, no e...

The court holds that environmental groups and private individuals are not entitled to a preliminary injunction prohibiting the U.S. Forest Service from implementing animal damage control (ADC) plans to reduce coyote populations in the Dixie and the Fishlake National Forests in Utah. The ADC programs...

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not constitute a taking under either the U.S. or the Pennsylvania Constitutions for which the individuals must be compe...