Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Walker v. Mesquite, Tex., City of

The Fifth Circuit affirmed the dismissal of residents' lawsuit against the Dallas Housing Authority seeking to enjoin it from constructing public housing in their community. The decision to build does not violate the residents' right to equal protection under the Fourteenth Amendment. The authority ...

MacKenzie v. San Marcos, City of

A district court dismissed property owners' takings, substantive due process, and equal protection claims against a city after the city denied the owners' request for building permits. The owners' takings claim was dismissed for lack of subject matter jurisdiction. The owners did not adequately seek...

Oregon Waste Sys., Inc. v. Department of Envtl. Quality

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal of waste generated within Oregon violates the Commerce Clause of the U.S. Constitution. Oregon imposed a $2.5...

O'Conner v. Commonwealth Edison Co.

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to federal court under the Price-Anderson Amendments Act (PAAA), and that retroactive application of the PAAA di...

Alliance for Clean Coal v. Craig

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 to the Illinois Commerce Commission for approval. The Act requires the utilities and the Commission to t...

Stevens v. Cannon Beach, City of

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in the dry sand area of their property does not constitute an uncompensated taking under the Fifth Amendment to th...

M&J Coal Co. v. United States

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM) against mining companies was not a regulatory taking of the companies' property. The action required the co...

Loveladies Harbor, Inc. v. United States

The court affirms a Court of Federal Claims decision that the U.S. Army Corps of Engineers' denial of a residential development company's request for a Federal Water Pollution Control Act (FWPCA) §404 permit to fill wetlands was a complete regulatory taking of the property for which the permit was ...

SDDS, Inc. v. South Dakota

The court holds that a state referendum that nullified a statute approving the construction and operation of a municipal solid waste facility did not violate the Equal Protection Clause, Commerce Clause, or Due Process Clause of the U.S. Constitution because the facility never had a valid permit. A ...