The court holds that a state's solid waste disposal program that requires the identification of additional capacity for out-of-state waste before a plan is approved does not violate the U.S. Commerce Clause. The court first holds that the program does not facially discriminate against interstate com...

The Court holds that a landfill constructed on land ceded from the Yankton Sioux Reservation in South Dakota by an 1894 Act that diminished the boundaries of the reservation is not subject to federal environmental regulation. The Court first holds that the 1894 Act—a negotiated agreement providing...

The court affirms a district court's denial of a waste hauling company's motion to enjoin a town from enforcing a local ordinance that provides for a municipal takeover of solid waste collection. The court first holds that the waste hauler is not likely to succeed on the merits of its claim that the...

The court holds that a district court erred in failing to abstain under Younger v. Harris, 401 U.S. 37 (1971), in a case challenging the constitutionality of an Oregon county's solid waste ordinance. A company charged with violating the ordinance sought declaratory and injunctive relief against enfo...

The court upholds a district court decision finding that an intermunicipal agreement between a town and several villages concerning the disposal of solid waste does not violate the dormant U.S. Commerce Clause. The agreement required each village to deliver all waste generated within its jurisdictio...

The court holds that a lower court improperly dismissed a laundry detergent manufacturer's claim that an exclusive franchise agreement between a county and a solid waste handler violated the dormant U.S. Commerce Clause. The agreement gave the waste handler the exclusive right to collect and process...

The court holds that a local utilities authority was not authorized under the New Jersey Municipal and Counties Utilities Authorities Law (MCUAL) to charge prior users of the authority's waste disposal facilities an environmental investment credit (EIC). The authority imposed the EIC in order to liq...

The court holds that a county in Missouri can regulate the location of solid waste facilities. A development company challenged a county regulation that prohibits the location of a sanitary landfill within one-quarter mile of any occupied dwelling. A trial court denied the company's motion for summa...

The court holds that the U.S. Environmental Protection Agency's (EPA's) guidelines for carrying out the certification of Waste Isolation Pilot Plant's (WIPP's) compliance with radioactive waste disposal regulations are specific enough to qualify as "criteria" under 40 C.F.R. Part 191. The court note...

The court dismisses environmental groups' complaint alleging that the National Environmental Policy Act requires the U.S. Department of Energy (DOE) to prepare a supplemental programmatic environmental impact statement (PEIS) addressing new information concerning the use of the Los Alamos National L...