Constitutional Law

The court holds that it cannot declare as a matter of law that a Minnesota statute prohibiting the sale of petroleum-based cleaning products does not violate the Commerce Clause of the U.S.…

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing…

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…

The court affirms a Court of Federal Claims decision that the U.S. Army Corps of Engineers' denial of a residential development company's request for a Federal Water Pollution Control Act (FWPCA…

The court holds that the applicable six-year statute of limitations does not bar landowners' takings claims arising from their loss of shoreline property resulting from the U.S. Army Corps of…

The Court holds that a New York town's ordinance requiring all solid waste to be processed at a designated transfer station before leaving the town violates the Commerce Clause of the U.S.…

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal of…

The court upholds a cease and desist order that a state natural resources district issued against a landowner, tenant farmers, and a partnership to prevent them from withdrawing groundwater from…

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM)…

The court holds that a state referendum that nullified a statute approving the construction and operation of a municipal solid waste facility did not violate the Equal Protection Clause, Commerce…