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Kleenwell Biohazard Waste & Gen. Ecology Consultants, Inc. v. Nelson

The court holds that a Washington state-law requirement that waste disposal companies obtain a certificate of public convenience and necessity before collecting, transporting, or disposing of solid waste in the state does not violate the Commerce Clause of the U.S. Constitution. The court first hold...

Mannington Mills, Inc. v. Shinn

The court holds that a state environmental department did not violate the Equal Protection Clause of the U.S. Constitution by considering a vinyl flooring manufacturer's ability to pay for cleaning up environmental contamination at its Mannington Township, New Jersey, facility in designating the sit...

National Solid Wastes Management Ass'n v. Meyer

The court holds that a Wisconsin solid waste flow control law that bars in-state and out-of-state waste generators from disposing of listed recyclable materials in Wisconsin landfills unless the generators reside in a community that has adopted an "effective recycling program" violates the Commerce ...

In re TMI

The court holds that the operators of the Three Mile Island nuclear reactor violated their duty of care to the public by releasing, during a 1979 accident at the facility, radiation in levels exceeding federal standards for radioactivity allowed in liquid or airborne effluents released off premises....

In re TMI

The court holds that punitive damages are available under Pennsylvania law and the Price-Anderson Amendments Act of 1988 (PAA)) to plaintiffs in a suit against the operators of the Three Mile Island nuclear reactor for personal injuries allegedly resulting from exposure to radiation released during ...

Pro-Eco, Inc. v. Board of Comm'rs of Jay County

The court holds that a county ordinance that imposed a moratorium on landfills did not exact a taking from a landowner or violate the landowner's substantive and procedural due process rights. The court invalidated the ordinance in a prior ruling. The court first holds that it reviews the district c...

National Solid Waste Management Ass'n v. Williams

The court holds that a Minnesota statute that controls the flow of solid waste in the state violates the Commerce Clause of the U.S. Constitution. The statute establishes a hierarchy of waste management techniques and requires all Minnesota counties to choose a preferred waste management technique f...

Alliance for Clean Coal v. Bayh

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...

Alliance for Clean Coal v. Bayh

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by the Indiana Utility Regulatory Commission (IURC) of the utility...

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

The court grants a preliminary injunction to restrain enforcement of New Jersey's flow control regulations for construction and demolition (C&D) debris and to require implementation of an alternative state regulatory plan. The regulations required some types of debris not separated into recyclab...