The court holds that zoning regulations of a state commission that limit the use of land in an environmentally sensitive area protected under federal law do not constitute an unconstitutional taking of private property. Congress established the Pinelands National Reserve in New Jersey under the Nati...

The Court holds that an Alabama act that imposes a disposal fee on hazardous wastes generated outside the state, but not on hazardous wastes from sources within Alabama, violates the Commerce Clause of the U.S. Constitution. The operator of a commercial hazardous waste landfill in Alabama, which is ...

The court upholds a district court ruling that Louisiana statutes banning the import of hazardous waste from foreign countries violate the Commerce Clause of the U.S. Constitution. The court holds that it must affirm the district court's decision in light of the U.S. Supreme Court's 1992 decision in...

The court rules that Indiana waste transportation and disposal laws that impose restrictions on fleet dedication, backhauling, vehicle registration, bonding, and fees to discourage disposal of out-of-state solid waste violate the Commerce Clause of the U.S. Constitution. Indiana enacted these restri...

The court holds that a California county, as a public entity and holder of the power of eminent domain, did not act in good faith when it entered private property to build improvements and thus must fully compensate the landowners for its own improvements. The court first concludes that the inapplic...

The court dismisses claims by property owners under 42 U.S.C. §§1983 and 1985 against a city, a waste management company, and a construction company for injunctive relief and monetary damages, based on alleged violations of civil rights guaranteed by the Fifth and Fourteenth Amendments of the U.S....

The court holds that a county ordinance imposing strict regulations on persons and corporations that import out-of-county waste for disposal in the county is subject to strict scrutiny under the Commerce Clause. Following the Supreme Court's holding in Ft. Gratiot Sanitary Landfill, Inc. v. Michigan...

The court holds unconstitutional the requirement in §609(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Appropriations Act of 1990 that the executive branch initiate discussions with foreign nations to develop treaties to protect sea turtles, and holds that the Co...

The court holds that state statutory provisions authorizing regulations that impose a surcharge on disposal of out-of-state solid waste are unconstitutional and severable, but that the surcharge does not violate the Commerce Clause of the U.S. Constitution. The court first holds that the surcharge r...