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Maharg, Inc. v. Van Wert Solid Waste Management Dist.

The court affirms a district court dismissal of an Ohio solid waste collection company's claim that a county's waste processing rules violated the company's constitutional rights. The county adopted rules that required the county's waste to be disposed of in county-designated landfills that agreed t...

A.A. Profiles, Inc. v. Fort Lauderdale, City of

The court reverses a district court decision holding that although a Florida city's rezoning of property to prohibit the operation of a wood-chipping business constituted an unconstitutional taking, damages should not be awarded to the business. The city approved the business' operation on a propose...

Michigan S. R.R. v. Kendallville, Ind., City of

The court holds that the Federal Railroad Safety Act (FRSA) preempted a municipal ordinance requiring a railroad to cut weeds along its right-of-way within the municipality. The FRSA regulates every area of railroad safety, and the Act preempts all railroad safety legislation except for specific sta...

National Mining Ass'n v. Department of the Interior

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and applicants, individuals, and corporations. The association argued tha...

Iowa Coal Mining Co. v. Monroe County, Iowa

The court holds that a county zoning board's denial of an existing nonconforming use certificate to a strip miner that also wanted to operate a landfill on its property did not violate the strip mining company's due process or equal protection rights or constitute a taking without just compensation....

United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Auth.

The court reverses and remands a district court decision and holds that counties' flow-control ordinances, which require that all waste generated within the counties be delivered to one of five publicly owned facilities, are not unconstitutional under the U.S. Commerce Clause. In-state waste haulers...

Northeast Conn. Econ. Alliance, Inc. v. ATC Partnership

The court holds that a trial court erred in not evaluating evidence of environmental contamination and remediation costs related to a company's property that a regional economic alliance, acting for a town, took by eminent domain. The court first holds that excluding contamination evidence, as a mat...

Wong v. Bush

The Ninth Circuit affirmed a lower court decision that the U.S. Coast Guard (Coast Guard) did not violate appellants' First Amendment rights or the National Environmental Policy Act (NEPA) when it established safety zones insulating a private "super ferry" in Hawaii from blockade by local protesters...

SBT Holdings, Ltd. Liab. Co. v. Westminster, Town of

The First Circuit reversed a lower court decision dismissing a developer's equal protection claim against a town for intentionally obstructing a condominium real estate development project. The city ordered the developer to take certain remediation measures to control erosion and prevent damage to n...

South Carolina Wildlife Fed'n v. Limehouse

The Fourth Circuit affirmed a lower court decision denying a motion to dismiss environmental groups' National Environmental Policy Act (NEPA) claim against the director of the South Carolina Department of Transportation concerning the construction of a bridge. The director argued that the claims aga...