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Waste facility siting

Waste Industries USA, Inc. v. State

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed...

Blue Ribbon Properties, Inc. v. Hardin County Fiscal Court

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not violate the U.S. Commerce Clause or the Sherman...

Eastern Ky. Resources v. Fiscal Court of Magoffin County

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...

SDDS, Inc. v. South Dakota

The court holds that a South Dakota referendum that voided a state law approving construction and operation of a large-scale municipal solid waste disposal facility violated the Commerce Clause of the U.S. Constitution. According to...

SDDS, Inc. v. South Dakota

The court holds that a state referendum that nullified a statute approving the construction and operation of a municipal solid waste facility did not violate the Equal Protection Clause, Commerce Clause, or Due Process Clause of the U.S...