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Constitutional law

American Fuel & Petrochemical Manufacturers v. O'Keeffe

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was...

Citizens for Constitutional Fairness v. Jackson County

The Ninth Circuit held that a 2007 voter-approved initiative that overturned a 2004 initiative giving property owners relief from development restrictions under Oregon land-use laws, or payment for the lost value of their land, did not...

Dodd v. Hood River County

The court holds that a state land use board decision precludes property owners from obtaining federal court relief of their takings claim under the U.S. Constitution. The landowners were prevented from building on their land due to an...

Oregon Waste Sys., Inc. v. Department of Envtl. Quality

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal of waste generated within Oregon violates the...

Dolan v. Tigard, City of

The court holds that the attachment to landowners' development permits of conditions that require landowners to dedicate portions of their property for public use is not a taking of property that violates the Fifth Amendment of the U.S...

Stevens v. Cannon Beach, City of

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in the dry sand area of their property does not...

Gilliam County v. Department of Envtl. Quality

The court holds that state statutory provisions authorizing regulations that impose a surcharge on disposal of out-of-state solid waste are unconstitutional and severable, but that the surcharge does not violate the Commerce Clause of...