Keynote Presentation: Making the Partnership Work
Panel Discussion: Regulation of Nuclear Materials
Regulation of Air Quality
Regulation of Water Quality: Is EPA Meeting Its Oblilgations or Can the States Better Meet Water Quality Challenges?
Regulating Solid and Hazardous Wastes
In a suit raising constitutional challenges to the siting of a regional low-level radioactive waste disposal facility, the court holds that freedom from environmental releases of nonnatural radiation is not a fundamental, unenumerated right protected by the Ninth Amendment, and differences in the fe...
The court rules that Exemption 4 of the Freedom of Information Act shields from public disclosure comprehensive reports, prepared and provided to the U.S. Nuclear Regulatory Commission by a nonprofit consortium of the nuclear utility industry, concerning the safety and reliability of operations at n...
The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...
The court holds that an insurer does not have the duty to defend a policyholder against a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim where evidence of the policies' existence is available, but where evidence of the policies' terms was not presented despite a...
The court holds that a local law that requires all nonrecyclable solid waste generated in town to be delivered to the town's transfer station for processing and disposal is constitutional, and affirms a decision enjoining a local recycling facility that separates solid waste into recyclable and nonr...
The court affirms a district court decision that a county's 1998 acceptance of a 1987 irrevocable offer to dedicate a portion of beachfront property was not a taking of the current owner's property. The court first holds that the prior owners of the property that made offers to dedicate to the count...
The court affirms a district court's grant of summary judgment in favor of a transit authority that was sued in a qui tam action under the False Claims Act (FCA) by an employee of one of its subcontractors, but vacates the district court's award of attorney fees to be paid by the employee's attorney...
The court dismisses a coal mining association's claim against the Secretary of the Interior seeking to force the federal government to turn over approximately $1.3 billion allegedly due to the commonwealth of Kentucky under the Surface Mining Control and Reclamation Act's (SMCRA's) abandoned mine re...
The Court holds that state sovereign immunity bars the Federal Maritime Commission (FMC) from adjudicating a private party's complaint against a nonconsenting state. A cruise line offering gambling cruises sued the South Carolina State Ports Authority (SCSPA) for denying the cruise line's five appli...