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 process and equal protection rights, or unduly interfere with interstate commerce. The court first holds that the sub...

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. Commerce Clause. The court first holds that the program does not facially discriminate against interstate com...

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 federal environmental regulation. The Court first holds that the 1894 Act—a negotiated agreement providing...

The court holds that a district court has subject matter jurisdiction to determine whether a city, in light of its post-settlement actions, is estopped from refusing to approve a waste management company's construction of buildings on the south side of landfill property. A settlement agreement betwe...

The court holds that a U.S. Army Corps of Engineers' determination that landowners' property comprised jurisdictional wetlands, which resulted in the recision of a private contract for the sale of the property, did not constitute a compensable taking. The court first holds that the cancellation of t...

The court holds that owners of property atop South Mountain in Washington County, Maryland, were not entitled to an increase in the amount awarded them in a condemnation proceeding. The property owners contend that the district court erred in granting the U.S. government's motion in limine seeking t...

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 collection. The court first holds that the waste hauler is not likely to succeed on the merits of its claim that the...

The court affirms the denial of landowners' untimely demand for a jury trial on the issue of just compensation in a condemnation proceeding initiated by the United States. The United States was attempting to obtain 42 acres of the landowners' property for the purposes of administering, preserving, a...

The court holds that shipping companies have a Fifth Amendment property interest in their single-hulled oil tankers. The companies brought suit against the United States alleging that their single-hulled tankers were effectively taken by the Oil Pollution Act requirement that all single-hulled vesse...

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 regulations are not preempted by the Oil Pollution Act (OPA). OPA §1018 provides that nothing in the OPA preempts s...