Commerce Clause

The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The…

The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause. In 2008, the FWS issued a biological opinion (BiOp) to the Bureau of…

A district court dismissed international shipping entities' lawsuit seeking to invalidate Michigan's Ballast Water Statute, which is aimed to prevent the introduction of aquatic nuisance…

A district court held that a county ordinance that bans the land application of "Los Angeles sludge" in the unincorporated areas of the county violates the Commerce Clause. The city of…

The U.S. Supreme Court held that two flow-control ordinances requiring delivery of local solid waste to a publicly owned processing facility do not discriminate against interstate commerce in…

The court holds that municipal flow control ordinances do not violate the dormant Commerce Clause of the U.S. Constitution. The municipal scheme at issue requires that the garbage generated by…

The court affirms a lower court's grant of summary judgment in favor of a trade association declaring that a county's proposed ordinance involving waste disposal is unconstitutional and…

The court holds that a solid waste management district regulation requiring solid waste to be disposed at either in-district or out-of-state landfills, unless otherwise authorized, does not…

The Fifth Circuit dismissed solid waste disposal companies' claims that local solid waste flow control ordinances violate the Commerce Clause. The companies lack standing to claim that the…

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and…