The court holds that the city of Gary, Indiana, did not violate the due process rights of a municipal-landfill operator by preventing the operator's trucks from depositing nonmunicipal waste at the landfill. The operator, which had contracted with the city to operate the landfill, sued the city unde...

The court holds that a Washington state-law requirement that waste disposal companies obtain a certificate of public convenience and necessity before collecting, transporting, or disposing of solid waste in the state does not violate the Commerce Clause of the U.S. Constitution. The court first hold...

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its Mannington Township, New Jersey, facility in designating the sit...

The court affirms a district court's exercise of jurisdiction over three actions arising from disputes over insurance coverage for the costs of cleaning up polychlorinated biphenyl contamination caused by the insured's operation of a natural gas pipeline. The insured's primary excess liability insur...

The court holds that three environmental groups and an individual have standing to challenge the U.S. Treasury Department's failure to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for a final rule providing a tax credit for ethyl tertiary butyl e...

The court holds that the district court lacks subject matter jurisdiction in an action brought by surface and royalty interest owners against past and current operators of an oil field for alleged injuries to the owners' property interests. The court first holds that removal jurisdiction under 28 U....

The court holds that a Wisconsin solid waste flow control law that bars in-state and out-of-state waste generators from disposing of listed recyclable materials in Wisconsin landfills unless the generators reside in a community that has adopted an "effective recycling program" violates the Commerce ...

The court holds that a county ordinance that imposed a moratorium on landfills did not exact a taking from a landowner or violate the landowner's substantive and procedural due process rights. The court invalidated the ordinance in a prior ruling. The court first holds that it reviews the district c...

The court holds that a Minnesota statute that controls the flow of solid waste in the state violates the Commerce Clause of the U.S. Constitution. The statute establishes a hierarchy of waste management techniques and requires all Minnesota counties to choose a preferred waste management technique f...

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...