The court holds that the U.S. Army Corps of Engineers' denial of landowners' Clean Water Act §404 permit application effected a permanent taking of their property in violation of the Fifth Amendment. The court first holds that the landowners' claim is ripe. Even if more information were offered by ...
The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has attacked a person, livestock, or pets, is a valid exercise of fede...
Keynote Presentation: Making the Partnership Work
Panel Discussion: Regulation of Nuclear Materials
Regulation of Air Quality
Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better Meet Water Quality Challenges?
Regulating Solid and Hazardous Wastes
In a suit raising constitutional challenges to the siting of a regional low-level radioactive waste disposal facility, the court holds that freedom from environmental releases of nonnatural radiation is not a fundamental, unenumerated right protected by the Ninth Amendment, and differences in the fe...
The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...
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, and affirms a decision enjoining a local recycling facility that separates solid waste into recyclable and nonr...
The court affirms a district court decision that a county's 1998 acceptance of a 1987 irrevocable offer to dedicate a portion of beachfront property was not a taking of the current owner's property. The court first holds that the prior owners of the property that made offers to dedicate to the count...
The Court holds that state sovereign immunity bars the Federal Maritime Commission (FMC) from adjudicating a private party's complaint against a nonconsenting state. A cruise line offering gambling cruises sued the South Carolina State Ports Authority (SCSPA) for denying the cruise line's five appli...
The Court holds that a New York town's ordinance requiring all solid waste to be processed at a designated transfer station before leaving the town violates the Commerce Clause of the U.S. Constitution. The avowed purpose of the ordinance is to retain the processing fees charged at the transfer stat...
The court holds that a New Jersey landowner adequately stated a substantive due process claim under the Fourteenth Amendment to the U.S. Constitution when he alleged that a local zoning board arbitrarily or irrationally decided that the operation of a battery distribution business on his property vi...