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Skull Valley Band of Goshute Indians v. Nielson

The Tenth Circuit affirmed a district court decision that Utah's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. Contrary to the state's arguments, the plaintiffs who challenge the statutes—a consortium of utility companies and a Native Americ...

Northern Natural Gas Co. v. Iowa Utils. Bd.

The Eighth Circuit affirmed a lower court decision that federal law preempts conflicting state pipeline regulations and, thus, governs the upgrade of a natural gas pipeline in Iowa. Iowa Code Chapter 479A and its implementing provisions, which provide for various pipeline reporting and inspection re...

Smith v. Mendon, Town of

New York's highest court holds that a municipality does not commit an unconstitutional taking when it conditions site plan approval on landowners' acceptance of a development restriction consistent with the municipality's preexisting conservation policy. The restriction would not appreciably diminis...

Royalty Carpet Mills, Inc. v. Irvine, City of

A California appellate court affirmed a trial court decision dismissing a petition challenging a city's issuance of a negative environmental declaration under the California Environmental Quality Act and grant of a conditional use permit to a developer to construct an apartment building in an indust...

St. Charles Mfg. Ltd. Partnership v. Whirlpool Corp.

The Seventh Circuit held that the adequacy of a "no further remediation" letter issued by the Illinois Environmental Protection Agency is an issue for the state agency to decide. Under a contract between the former owner and subsequent owner of land, the former owner would be released from all claim...

Boundary Backpackers v. Boundary County

The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to control acquisition of private lands by federal agencies and pr...

Chambers Medical Technologies of S.C., Inc. v. Jarrett

The court holds that several provisions of the South Carolina Infectious Waste Management Act addressing the costs and hauling of particular wastes violate the Commerce Clause of the U.S. Constitution. The court first holds that the owner of a medical, municipal solid, and commercial nonhazardous wa...

Auburn, City of v. Tri-State Rubbish, Inc.

The court holds that genuine issues of material fact regarding whether a municipal solid waste flow-control ordinance violates the Commerce Clause of the U.S. Constitution preclude summary judgment on the city's action seeking civil penalties, indemnification, and an injunction to prevent a waste ha...

Ashley Park Charlotte Assocs. v. Charlotte, City of

The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict liability asserted under the North Carolina Oil Pollution and Hazardous Substances Act when methane gas escaping...

Blue Circle Cement, Inc. v. Board of County Comm'rs

The court holds that the existence of genuine issues of material fact, regarding whether the Resource Conservation and Recovery Act (RCRA) preempts a local zoning board's hazardous waste zoning ordinance that effectively prevents a cement manufacturing facility from converting to hazardous waste fue...