The court holds that several provisions of the South Carolina Infectious Waste Management Act addressing the costs and hauling of particular wastes violate the Commerce Clause of the U.S. Constitution. The court first holds that the owner of a medical, municipal solid, and commercial nonhazardous wa...
The court holds that genuine issues of material fact regarding whether a municipal solid waste flow-control ordinance violates the Commerce Clause of the U.S. Constitution preclude summary judgment on the city's action seeking civil penalties, indemnification, and an injunction to prevent a waste ha...
The court holds that North Carolina's inverse condemnation statute preempts state commom-law claims of nuisance, trespass, and negligence, but does not preempt a statutory claim of strict liability asserted under the North Carolina Oil Pollution and Hazardous Substances Act when methane gas escaping...
The court holds that the existence of genuine issues of material fact, regarding whether the Resource Conservation and Recovery Act (RCRA) preempts a local zoning board's hazardous waste zoning ordinance that effectively prevents a cement manufacturing facility from converting to hazardous waste fue...
The court reverses and remands a district court decision that New Jersey's solid waste flow control regulations, which require each state district to designate a particular facility to process and dispose of all solid waste generated within the district, do not violate the Commerce Clause of the U.S...
The court holds that it cannot declare as a matter of law that a Minnesota statute prohibiting the sale of petroleum-based cleaning products does not violate the Commerce Clause of the U.S. Constitution. The court first holds that the statute's language clearly and unambiguously prohibits all Minnes...
The court remands the question whether a South Carolina statutory cap on in-state commercial incineration of infectious waste violates the U.S. Constitution's Commerce Clause for further proceedings on whether the state legislature enacted it for a discriminatory purpose and whether the statute disc...
The court reverses and remands district court judgments that applied the incorrect legal standard concerning challenges under the dormant Commerce Clause to two Pennsylvania counties' solid waste flow-control plans, which generally require waste haulers to dispose of solid waste generated within the...
The court holds that New Jersey solid waste flow-control regulations probably violate the Commerce Clause of the U.S. Constitution, but grants only a conditional preliminary injunction to prevent enforcement of the regulations for construction and demolition debris. The court first addresses the cla...
The court holds that under New York law, an unconstitutional section in a local waste flow-control ordinance is severable from the constitutionally valid remaining provisions of the ordinance. The court first holds that plaintiffs' claims are ripe for adjudication. Plaintiffs do not have to obtain a...