Commerce Clause

The court holds that a state's solid waste disposal program that requires the identification of additional capacity for out-of-state waste before a plan is approved does not violate the U.S.…

The court holds that restrictions on a road paving contractor's land use permit for locating a temporary asphalt plant at a gravel pit do not violate the contractor's substantive due…

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution…

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the…

The court affirms a district court decision that New Jersey's solid waste flow control laws violate the U.S. Constitution's Commerce Clause, but reverses the lower court's decision…

The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven…

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that…

The court holds that Washington oil spill prevention laws are not preempted by federal statute, do not violate the Commerce Clause or Foreign Affairs Clause of the U.S. Constitution, and are not…

The court holds that South Carolina laws that limit the amount of out-of-state waste that may be disposed of in South Carolina violate the Commerce Clause of the U.S. Constitution. One statute…

The court holds that New Jersey's self-sufficiency policy, whose goal is to eliminate the use of out-of-state disposal facilities by the year 2000, violates the Commerce Clause of the U.S.…