The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation ordinance violates the Commerce Clause of the U.S. Constitution by discriminating against out-of-county...

The court reverses a district court's decision denying a U.S. Forest Service motion for summary judgment that it did not violate the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) for four timber sales in or bordering on roadless areas in Orego...

The court holds that the issuance of an October 1990 decision memo by the Fall River District Ranger, which implemented an August 1989 decision notice issued by the Forest Supervisor requiring consolidation of black-tailed prairie dog colonies in the Nebraska National Forest, does not violate the Na...

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the borders of a local government unit are unconstitutional burdens on interstate commerce in violation of the ...

The court holds that the General Services Administration (GSA) did not violate the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) for its proposal to build a federal courthouse in Portland, Oregon. GSA prepared an environmental assessment (EA) ...

The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for its denial of the developer's Federal Water Pollution Control Act §404 dredge and fill permit applicati...

The court holds that the take provision of the Endangered Species Act (ESA), as applied to landowners, does not violate the U.S. Commerce Clause. After purchasing property, the landowners sought to develop it, but were prevented from doing so because of the restrictions placed on the land under the ...

The court holds that the Endangered Species Act's (ESA's) application to private lands in order to protect an endangered species that lives entirely within one state does not violate the U.S. Commerce Clause. The court first holds that the regulated activity in question—construction of a housing d...

The court holds that the Emergency Low-Income Housing Preservation Act's (ELIHPA's) and the Low-Income Housing Preservation and Resident Homeownership Act's (LIHPRHA's) mortgage prepayment restrictions did not effect a per se taking of residential apartment building owners' property. The Acts prohib...