The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county's interim land use plan, which purports to control acquisition of private lands by federal agencies and pr...
The court holds that the U.S. Forest Service's (Forest Service's) decision to allow certain salvage timber sales was exempt from administrative appeal pursuant to regulations in effect before the enactment of the Appeals Reform Act (ARA). The regulation at 36 C.F.R. §217.4 provided that decisions ...
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 holds that it lacks jurisdiction to hear a citizen group's request for a preliminary injunction against the U.S. Nuclear Regulatory Commission (NRC) to prevent further implementation of the early component removal plan for decommissioning the Yankee Rowe nuclear power plant and to enjoin t...
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 refuses to dismiss a tort-law claim that a tire manufacturer's former employees' brought against chemical companies that allegedly sold toxic chemical compounds to the manufacturer without adequately warning that exposure to the chemicals may cause bladder cancer. The court first holds tha...