Commerce Clause

The court holds unconstitutional a state statute that allows out-of-state waste to be disposed of in Wisconsin only if the community where the waste originates adopts an ordinance that…

A judge dissents from the Ninth Circuit's decision not to rehear a case addressing the Oil Pollution Act's (OPA's) preemptive effect on Washington State's oil spill prevention…

The court holds that a settlement agreement between a state solid waste authority and a private waste disposal company does not violate the Sherman Act or the federal Commerce Clause. The…

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds…

The court holds that 15 of Washington State's 16 best achievable protection (BAP) oil spill prevention regulations are not preempted by federal law. The court first holds that the BAP…

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the…

The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution'…

The court affirms a district court's denial of a waste hauling company's motion to enjoin a town from enforcing a local ordinance that provides for a municipal takeover of solid waste…

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to…

The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the…