The court holds that the Federal Aviation Administration Authorization Act (FAAAA) preempts an Oregon county's and city's solid waste collection, storage, transport, and disposal ordinances. The ordinances require anyone transporting solid waste in the city or county to obtain a certificate, license...
The court holds that the Court of Federal Claims improperly held that the Stafford Act, collateral estoppel, and a contract release barred a South Florida trailer park owner's breach of contract claim against the federal government, but the owner's taking and inverse condemnation claims were appropr...
The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the agency. The court first holds that it will not conceptually sever each landowner's fee interest into discr...
The court vacates a district court decision denying Eleventh Amendment immunity to the commissioner of a state environmental agency who allegedly violated the Resource Conservation and Recovery Act (RCRA) by taking no action to prevent or respond to environmental contamination on a company's land. T...
The court denies a construction company's petition to review an administrative law judge's (ALJ's) order upholding a nine-item citation against the company for violating Occupational Safety and Health Administration (OSHA) standards for lead exposure in construction work. The court first holds that ...
The court holds that the state of Connecticut may sue New York State officers in federal district court instead of suing New York State in the U.S. Supreme Court regarding enforcement of an allegedly unconstitutional New York law. The law at issue allows New York residents to obtain commercial lobst...
The court holds that a development company whose request for a dredging permit to develop boat slips at a marina was denied did not suffer a regulatory taking. The state environmental agency had granted the company permits for 201 boat slips, but denied a permit to build an additional 71 slips. The ...
The court vacates a district court decision granting summary judgment in favor of an oil company claiming that a Hawaii statute proscribing the maximum rent that oil companies can collect from dealers who lease company-owned service stations is an unconstitutional regulatory taking. The court first ...
The court reverses a district court dismissal of a property owner's takings claim against a county as unripe. The owner alleged that the county impermissibly listed her driveway as a county road and would not delist it because a neighbor used it to access a road and get mail. The district court held...
The court holds that a state environmental conservation officer who was sued for allegedly violating the Fourth Amendment after he stopped a hunter at a motor vehicle checkpoint during hunting season to make deer tag and weapon safety checks is entitled to qualified immunity. The court first affirms...