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Eagle Energy, Inc. v. Secretary of Labor

The court dismisses for lack of jurisdiction a mine operator's appeal of both an administrative law judge's (ALJ's) finding that the operator committed a "significant and substantial" violation of a Federal Coal Mine Health and Safety Act regulation and the Federal Mine Safety and Health Review Comm...

Weinberg v. Whatcom County

The court holds that a developer's right to procedural due process was violated when a county planning agency failed to provide a hearing to the developer before halting a previously approved land development project, but that a district court correctly granted the county's summary judgment motion a...

Natural Resources Defense Council v. Southwest Marine, Inc.

The court holds that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for Clean Water Act violations. The original injunction required the shipyard to test the water column around vessels being blasted or painted at its pie...

On the Green Apartments L.L.C. v. Tacoma, City of

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal area and all city businesses and residents to have their waste col...

Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

Mississippi River Revival v. Minneapolis, Minn., City of

The court dismisses as moot a citizen suit brought under the Clean Water Act (CWA) against two cities for discharging water into the Mississippi River and related waterways without national pollutant discharge elimination system (NPDES) permits. The court first holds that the citizens' claim for inj...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

Michigan S. R.R. v. Kendallville, Ind., City of

The court holds that the Federal Railroad Safety Act (FRSA) preempted a municipal ordinance requiring a railroad to cut weeds along its right-of-way within the municipality. The FRSA regulates every area of railroad safety, and the Act preempts all railroad safety legislation except for specific sta...

Pritikin v. Department of Energy

The court holds that an individual lacks standing to compel the U.S. Department of Energy (DOE) to make budget requests and to reprogram existing funds for the Agency for Toxic Substances and Disease Registry's (ATSDR's) implementation of a medical monitoring program in connection with a DOE facilit...

Los Angeles, City of v. Santa Monica Baykeeper

The court dismisses for lack of jurisdiction a city's interlocutory appeal in a citizen suit brought by an environmental group alleging Clean Water Act and Clean Air Act violations by the city. A district court signed and entered the city's proposed order for an interlocutory appeal, and the parties...