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Supremacy Clause

United States v. California

A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state. DOJ argued that the state law, which grants the State Lands Commission the right of first...

Wyoming v. Livingston

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the...

Clean Air Mkts. Group v. Pataki

The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the Supremacy Clause of the U.S. Constitution. Section...

Taubman Realty Group Ltd. Partnership v. Mineta

The court holds that the owner of a retail development lacked standing to bring Federal-Aid Highway Act (FAHA) and National Environmental Policy Act (NEPA) actions against the Secretary of Transportation and the Federal Highway...

Omya, Inc. v. Vermont

The court holds that a Vermont Environmental Board Act 250 (Act 250) permit that restricted truck travel through a village does not violate the U.S. Commerce Clause or the Supremacy Clause. A company whose goods were transported through...

Missouri v. Glasgow, City of

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision...