The court holds that the U.S. Constitution does not mandate retroactive application of a Pennsylvania Supreme Court decision to a waste disposal company owner who was convicted under state law for operating a hazardous waste facility without a permit. The waste facility operator and a co-defendant e...

The court holds that the Court of Federal Claims has jurisdiction over a drilling company's takings and contract claims against the United States arising from the Bureau of Land Management's (BLM's) refusal to issue drilling permits for federal lands covered by the company's mining leases. The court...

The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from nuisance suits. Neighbors of the applicants contend that the approva...

The court holds constitutional a local zoning ordinance prohibiting land removal businesses from expanding in surface area their existing excavated area by more than 25 percent unless they obtain a special use permit. The court first holds that it will analyze the case under the doctrine of substant...

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 incorporates Wisconsin's specifications for recycling. The solitary difference between this law and an earlier law ...

The court holds that assessments for solid waste disposal charged by a waste management district in Ohio are taxes under the Tax Injunction Act and are, therefore, constitutional. The assessments for waste generated in-district and out-of-state are the same, while the assessments for waste generated...

The Court holds that several bands of Chippewa Native Americans retain the right to hunt, fish, and gather on lands in Wisconsin and Minnesota that were ceded to the United States in an 1837 treaty. Minnesota claimed that an 1850 Executive Order, an 1855 treaty, and the 1858 admission of Minnesota a...

The court holds that the slow-no wake motorboat speed limit regulations applicable to the St. Croix River in Minnesota and Wisconsin are not unconstitutionally vague. The regulations require motorboat operators to travel at a speed no faster than necessary to maintain steerage and in such a way as t...

The court holds moot property owners appeal of a district court's denial of their motion for a preliminary injunction to enjoin federal funding and construction of a proposed business park. The property owners claim that the business park poses an imminent threat to the environment, and that the par...

The court holds that landowners are due no compensation from the United States after the federal government entered their property to sink wells and monitor groundwater migration from an adjacent contaminated property. The court first holds that under federal law, special benefits to a landowner's r...