The court holds that a state zoning board failed to properly consider the historical significance of an area before granting a granite mining operation a conditional use permit, and, therefore, the permit is vacated. A Native American village challenged the board's grant of the permit. The court fir...

The court holds that a district court erroneously dismissed an indictment charging an individual for knowingly disposing of domestic septage on a public contact site in violation of the Clean Water Act (CWA). The individual allegedly pumped sewage material from a septic tank located at a bar and the...

The court holds that the equitable doctrine of laches bars a community group's Administrative Procedure Act and Clean Water Act (CWA) claims seeking to prevent the permitted filling of a wetland and, hence, to stop further development of a neighboring industrial park. After their attempt to stop the...

The court holds that summary judgment was improvidently granted in favor of the U.S. Army Corps of Engineers in a suit brought by property owners who claimed that the Corps' refusal to grant the owners a Clean Water Act (CWA) §404 dredge and fill permit for 50 acres of submerged lands constituted a...

The court holds that a trial court incorrectly concluded that a city ordinance regulating junkyards was a zoning ordinance subject to notice-and-hearing requirements. A junkyard owner who had been cited for several violations of the ordinance claimed that the ordinance was inapplicable because it wa...

The court holds that a lower court improperly dismissed a laundry detergent manufacturer's claim that an exclusive franchise agreement between a county and a solid waste handler violated the dormant U.S. Commerce Clause. The agreement gave the waste handler the exclusive right to collect and process...

The court grants in part and denies in part a New York municipal village's motion to dismiss property owners' negligence and Fourteenth Amendment due process claims against the village for failure to address an unlicensed solid waste management facility's violations of the municipal zoning code. The...

The court holds that a county in Missouri can regulate the location of solid waste facilities. A development company challenged a county regulation that prohibits the location of a sanitary landfill within one-quarter mile of any occupied dwelling. A trial court denied the company's motion for summa...

The court holds that the U.S. Army Corps of Engineers properly granted a riverboat casino operator a Clean Water Act (CWA) and Rivers and Harbors Appropriations Act permit to construct and operate a riverboat gambling facility on the Ohio River in Indiana. The court first holds that the Corps proper...

The court holds that a municipal regulation prohibiting billboards on rooftops did not effect a taking of an outdoor advertiser's interest in its rooftop signs. The regulation, enacted in 1975, prohibited rooftop billboards after 1987. The advertiser renewed its leases for rooftop billboards with se...