The court reverses a district court's decision dismissing building owners' U.S. Commerce Clause claims against a waste authority for lack of standing. The building owners maintained that the authority's implementation of a waste generation fee structure effectively forced them to use the local facil...

The court reverses a lower court decision finding the Office of Surface Mining Reclamation and Enforcement (OSM) liable for the permanent taking of a mining company's leasehold property. The mining company applied to the OSM for a permit and was told that its application was administratively incompl...

The court dismisses an individual's appeal of a district court order dismissing his motion to vacate two Resource Conservation and Recovery Act criminal convictions and adopting a magistrate judge's report and recommendation (R&R) to dismiss the individual's habeas corpus petition. The individua...

The court holds that a Pennsylvania township and its supervisors did not violate a developer's substantive due process rights by conspiring to delay and obstruct the developer's construction of an industrial park. The developer claims that the township and its supervisors conspired to delay the coun...

The court denies a bankrupt environmental management company's motions to dismiss property owners' Declaratory Judgment Act (DJA) action for lack of venue and failure to state a claim. The property owners sought a judgment declaring that the company had violated the Clean Air Act when it improperly ...

The court holds that it has jurisdiction to review a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision upholding three EPA orders against the Tennessee Valley Authority (TVA) requiring the TVA to obtain after-the-fact permits for modifications made to many of its ...

The court vacates a district court order requiring the U.S. Army Corps of Engineers to accept dredged material in order to prevent the frustration of a consent decree designed to address water pollution problems around Detroit, Michigan. After the state revised the city's national pollutant discharg...

The court dismisses all of a hazardous waste transshipment company's equal protection, due process, and takings claims against the state of Connecticut, the Connecticut environmental agency, and the individual agency head for denial of a hazardous waste transshipment permit. The Eleventh Amendment b...

The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a polluting ind...

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from ...