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Diamond Waste, Inc. v. Monroe County

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...

Clarkstown v. C&A Carbone, Inc.

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...

Daniel v. Santa Barbara, County of

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...

Federal Maritime Comm'n v. South Carolina State Ports Auth.

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...

C&A Carbone, Inc. v. Clarkstown, Town of

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...

DeBlasio v. Zoning Bd. of Adjustment

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...

Clajon Prod. Corp. v. Petera

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and limit owners of 160 or more acres to two supplemental licenses. T...

Brace v. United States

The court denies the federal government's motion for summary judgment in a case where a farmer alleged that the government took his property without just compensation by ordering the farmer to cease operation of a drainage system and restore his property to its prior condition as wetlands. The court...

Briggs & Stratton Corp. v. Concrete Sales & Servs., Inc.

The court holds that a nail manufacturer did not own or control the hazardous materials generated by an electroplating company and, thus, is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as an arranger of hazardous waste. The court first holds th...

Donahey v. Bogle

The court holds that the owner of all the stock of the former lessee of a contaminated site is not liable as an operator under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(2). The court first holds that the owners' of the contaminated site may not be awarde...