The court holds that a North Carolina county did not violate a company's due process or equal protection rights by not issuing the company a building permit for a proposed asphalt plant, by enacting a one-year moratorium on the building of asphalt plants, and by subsequently enacting a polluting ind...

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation Administration Authorizing Act (FAAAA). The lower court issued a permanent injunction preventing the county and city from ...

The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just compensation when it ordered the individual to cease maintenance and operation of a drainage system on his property an...

The court affirms a district court holding that where compensation was paid long after a taking, an individual was entitled to prejudgment interest, but remands the case for a redetermination of the amount of interest to be awarded. After finding a nuisance on the individual's property due to the pr...

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. Unable to meet deadlines in a compact designed to protect and pre...

The court holds the U.S. Department of Commerce's (DOC's) 1999 prohibition on drift gillnet swordfishing in the Atlantic Swordfish Fishery did not effect a taking of an individual's fishing permit, boat, or drift gillnets. The court first holds that the ban on draft gillnet fishing did not cause a t...

The court holds that Arizona's cap on nonresident hunting of antlered deer and bull elk substantially affects and discriminates against interstate commerce and remands the case for further proceedings to determine whether Arizona has met its burden of showing that it has no other means to advance it...

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not violate the U.S. Commerce Clause or the Sherman Antitrust Act. The court first holds that the company did not meet t...

The court denies a petition for habeas corpus relief submitted by an individual who was convicted for a variety of charges stemming from his involvement in a private waste disposal cartel. The individual argued that he was denied his due process rights by the prosecutor's alleged selection of the ju...

The court upholds a district court order enjoining the U.S. Department of Labor (DOL) and three Rhode Island employees from proceeding in an administrative adjudication of the employees' claims that the state had retaliated against them in violation of the Solid Waste Disposal Act's (SWDA's) whistle...