Commerce Clause

The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The…

The court holds that New Jersey's solid-waste flow-control laws and regulations violate the Commerce Clause of the U.S. Constitution. The court first notes that the laws and regulations are…

The court holds that Ohio statutes and regulations restricting commercial fishing of walleye and yellow perch do not violate the Commerce Clause of the U.S. Constitution. The court first holds…

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution.…

The court grants a preliminary injunction to restrain enforcement of New Jersey's flow control regulations for construction and demolition (C&D) debris and to require implementation…

The court reverses and remands district court judgments that applied the incorrect legal standard concerning challenges under the dormant Commerce Clause to two Pennsylvania counties' solid…

The court holds that a Wisconsin solid waste flow control law that bars in-state and out-of-state waste generators from disposing of listed recyclable materials in Wisconsin landfills unless the…

The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent…

The court remands the question whether a South Carolina statutory cap on in-state commercial incineration of infectious waste violates the U.S. Constitution's Commerce Clause for further…

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution.…