The court holds that a city ordinance requiring all garbage collected within city limits, except garbage destined for out-of-state disposal, to be processed at the city-owned transfer station violates the dormant U.S. Commerce Clause. A waste hauler discovered it could dispose of waste more economic...
The court holds that a waste haulers association has standing to assert a U.S. Commerce Clause claim against a district waste authority for enacting a system of flow control ordinances that captured the district's generated waste in order to finance a trash-to-steam facility. Under the system, haule...
The court affirms two Federal Communications Commission (FCC) orders that promulgated guidelines for health and safety standards for radio frequency radiation. In addition to health and safety requirements, the guidelines streamlined procedures for meeting requirements under the National Environment...
The court holds that a landowner could not bring a claim alleging that a state resources management council's denial of the landowner's application to fill 18 acres of coastal wetlands constituted a taking of that property. The court first holds that the landowner's claim is not ripe for review. Alt...
The court holds that a solid waste hauler has standing to bring a U.S. Commerce Clause claim against a waste district authority for instructing homeowners and commercial entities in the district to subtract a district waste generation fee from the contractually agreed to price paid to their waste ha...
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 ...