The court holds that a city ordinance requiring all garbage collected within city limits, except garbage destined for out-of-state disposal, to be processed at the city-owned transfer station violates the dormant U.S. Commerce Clause. A waste hauler discovered it could dispose of waste more economic...

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized under the Surface Mining Control and Reclamation Act (SMCRA). The g...

The court upholds a district court determination that the Animal and Plant Inspection Service satisfied the National Environmental Policy Act (NEPA) when it prepared a supplemental environmental impact statement (SEIS) for a regulation addressing foreign pest infestation of plants and hardwoods. The...

The court holds that a waste haulers association has standing to assert a U.S. Commerce Clause claim against a district waste authority for enacting a system of flow control ordinances that captured the district's generated waste in order to finance a trash-to-steam facility. Under the system, haule...

The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined procedures for meeting requirements under the National Environment...

The court holds that a landowner could not bring a claim alleging that a state resources management council's denial of the landowner's application to fill 18 acres of coastal wetlands constituted a taking of that property. The court first holds that the landowner's claim is not ripe for review. Alt...

The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...

The court holds that the Federal Aviation Administration Authorization Act (FAAAA) preempts an Oregon county's and city's solid waste collection, storage, transport, and disposal ordinances. The ordinances require anyone transporting solid waste in the city or county to obtain a certificate, license...

The court holds that the Court of Federal Claims improperly held that the Stafford Act, collateral estoppel, and a contract release barred a South Florida trailer park owner's breach of contract claim against the federal government, but the owner's taking and inverse condemnation claims were appropr...

The court holds that a district court properly granted summary judgment to the city of Philadelphia on residents' Administrative Procedure Act (APA), National Environmental Policy Act (NEPA), and National Historic Preservation Act (NHPA) claims that the city did not properly perform environmental an...