Commerce Clause

The court holds that the Illinois Coal Act violates the Commerce Clause of the U.S. Constitution. The Act requires public utilities to devise Clean Air Act (CAA) compliance plans and present them…

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A…

The court holds that genuine issues of material fact regarding whether a municipal solid waste flow-control ordinance violates the Commerce Clause of the U.S. Constitution preclude summary…

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the…

The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation…

The court holds that state statutory provisions authorizing regulations that impose a surcharge on disposal of out-of-state solid waste are unconstitutional and severable, but that the surcharge…

The court holds that a county ordinance imposing strict regulations on persons and corporations that import out-of-county waste for disposal in the county is subject to strict scrutiny under the…

The court holds that a county in the state of Washington violated the Commerce Clause of the U.S. Constitution when it adopted an ordinance barring disposal in the county of medical waste…

The court rules that Indiana waste transportation and disposal laws that impose restrictions on fleet dedication, backhauling, vehicle registration, bonding, and fees to discourage disposal of out…

The court holds that a local law that requires all nonrecyclable solid waste generated in town to be delivered to the town's transfer station for processing and disposal is constitutional,…