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...

The court affirms a Court of Federal Claims' determination that the U.S. Army Corps of Engineers (the Corps) did not take developers' property when it denied them a Clean Water Act §404 permit to develop their entire property. After several failed attempts to develop the property, the developers so...

The court holds that a local planning commission violated property owners' Fifth Amendment rights by vacating a restrictive covenant in their neighborhood for a private purpose. The commission vacated the covenant, which restricted development to single-family homes, in order to allow a developer to...

The court affirms a district court holding that a city's denial of a company's application to develop shoreline property did not violate the company's state or federal due process rights and did not result in a taking. The court first holds that the company's federal due process claim was properly d...

The court affirms a district court dismissal of a property rights group's complaint challenging six national monument designations by President William J. Clinton under the Antiquities Act. The group claimed that President Clinton acted unconstitutionally and ultra vires under the Property Clause of...

The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management's (BLM's) denial from 1994 to 1998 of applications by oil leaseholders to drill wells in the area of the W...

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...