Jump to Navigation
Jump to Content

"Zone-of-interests" test

Ashley Creek Phosphate Co. v. Norton

The court holds that a phosphate mining company lacks standing to challenge a competitor's phosphate mining project under the National Environmental Policy Act (NEPA). The company had no environmental interests at stake. Rather, it...

National Solid Waste Management Ass'n v. Pine Belt Reg'l Solid Waste Management Auth.

The Fifth Circuit dismissed solid waste disposal companies' claims that local solid waste flow control ordinances violate the Commerce Clause. The companies lack standing to claim that the ordinances are facially discriminatory against...

Oxford Assocs. v. Waste Sys. Auth. of E. Montgomery County

The court reverses a district court's decision dismissing building owners' U.S. Commerce Clause claims against a waste authority for lack of standing. The building owners maintained that the authority's implementation of a waste...

Pye v. United States

The court holds that owners of land in South Carolina adjacent to both land containing a historic plantation and an African American cemetery and land on which a road crossing is constructed have standing to bring a National Historic...

On the Green Apartments L.L.C. v. Tacoma, City of

The court affirms a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the U.S. Commerce Clause. The ordinance requires all waste to be deposited at the city's disposal...

Grand Council of the Crees v. Federal Energy Regulatory Comm'n

The court holds that a Native American council and an environmental group lack standing under the Federal Power Act (FPA) and the National Environmental Policy Act (NEPA) to challenge a Federal Energy Regulatory Commission (FERC) order...

Envirocare of Utah, Inc. v. NRC

The court upholds two Nuclear Regulatory Commission (NRC) orders that refused on standing grounds a radioactive waste disposal facility's request for hearing and intervention in the licensing proceedings of two competitor disposal...

Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin County

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the delivery of waste to out-of-state processors...

Individuals for Responsible Gov't v. Washoe County

The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven days. The ordinances also required all...

Reytblatt v. NRC

The court upholds the U.S. Nuclear Regulatory Commission's (NRC's) final rule amending the reporting requirements for performance-based containment leakage rate testing by nuclear power plants. The court first holds that a nuclear power...