The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation ordinance violates the Commerce Clause of the U.S. Constitution by discriminating against out-of-county...

The court reverses a district court's decision denying a U.S. Forest Service motion for summary judgment that it did not violate the National Environmental Policy Act (NEPA) by failing to prepare an environmental impact statement (EIS) for four timber sales in or bordering on roadless areas in Orego...

The court holds that the issuance of an October 1990 decision memo by the Fall River District Ranger, which implemented an August 1989 decision notice issued by the Forest Supervisor requiring consolidation of black-tailed prairie dog colonies in the Nebraska National Forest, does not violate the Na...

The court holds that the purchaser of a ranch lacks standing to challenge the U.S. Forest Service's decision not to renew the previous owner's grazing permit when the decision was made one year prior to the purchase of the ranch. The court holds that the purchaser did not demonstrate a personal inju...

The court holds that a consent decree between the U.S. Environmental Protection Agency (EPA) and an oil company relating to contamination at the company's petroleum refinery does not bar an administrative action alleging that the company violated hazardous waste regulations requiring attachment of n...

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the borders of a local government unit are unconstitutional burdens on interstate commerce in violation of the ...

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey Department of Environmental Protection, 16 ELR 20278 (1986), on the abandonm...

The court holds that environmental groups may not intervene in a district court's review of the U.S. Environmental Protection Agency's (EPA's or the Agency's) veto of a dredge and fill permit issued by the U.S. Army Corps of Engineers that would have allowed construction of the Two Forks Dam in Colo...

The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for its denial of the developer's Federal Water Pollution Control Act §404 dredge and fill permit applicati...