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Virginia

Lilly v. Caroline County

The court holds that a trial court correctly ruled that landowners, aggrieved by a zoning administrator's oral decision, failed to exhaust administrative remedies by not filing a timely appeal to the board of zoning appeals, as required...

Waste Management Holdings, Inc. v. Gilmore

The court holds that Virginia statutes limiting the importation of out-of-state municipal solid waste (MSW) into Virginia violate the U.S. Commerce Clause. The court first holds that the statutes at issue must be examined under strict...

Waste Management Holdings, Inc. v. Gilmore

The court holds that waste management companies that own landfills in Virginia may bring suit to enjoin the enforcement of several recently enacted state statutes aimed at curtailing the flow of out-of-state municipal solid waste into...

Molinary v. Powell Mountain Coal Co.

The court affirms the dismissal of a land trust's action alleging that a coal company that owned the mineral rights to a tract of the trust's land violated the Surface Mining Control and Reclamation Act (SMCRA) and other federal and...

Molinary v. Powell Mountain Coal Co.

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a...

Reeves Bros. v. EPA

The court denies a private-property owner injunctive relief on its claim that the U.S. Environmental Protection Agency (EPA) and EPA employees violated the Fourth Amendment to the U.S. Constitution when an EPA emergency response team...

Adams v. Star Enter.

The court holds that under Virginia law owners of land near an underground oil spill from an oil distribution facility may not recover damages for diminution in property value or fear of negative health effects. The court first holds...

Fries, Town of v. State Water Control Bd.

The court holds that none of the parties challenging the Virginia State Water Control Board's issuance of a state pollutant discharge elimination system (SPDES) permit to the city of Galax for the building of an enlarged sewage...

North Carolina v. Virginia Beach, City of

The court holds that acity may commence construction of portions of a water pipeline project that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) before the city obtains FERC approval of easements...