Constitutional Law

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 court vacates a preliminary injunction barring enforcement of a Vermont labeling statute as it applies to manufacturers of mercury-containing light bulbs. The court first holds that the lamp…

The court holds that the Emergency Low-Income Housing Preservation Act's (ELIHPA's) and the Low-Income Housing Preservation and Resident Homeownership Act's (LIHPRHA's)…

The court holds that the take provision of the Endangered Species Act (ESA), as applied to landowners, does not violate the U.S. Commerce Clause. After purchasing property, the landowners sought…

The court affirms a district court decision that municipal liens placed on individuals' property did not constitute a taking or violate the individuals' due process rights. In 1992, and…

The court holds that the Endangered Species Act's (ESA's) application to private lands in order to protect an endangered species that lives entirely within one state does not violate the…

The court reverses and remands a district court decision and holds that counties' flow-control ordinances, which require that all waste generated within the counties be delivered to one of…

The court holds that a trial court erred in not evaluating evidence of environmental contamination and remediation costs related to a company's property that a regional economic alliance,…

The court holds that a county zoning board's denial of an existing nonconforming use certificate to a strip miner that also wanted to operate a landfill on its property did not violate the…

The court holds that the Federal Railroad Safety Act (FRSA) preempted a municipal ordinance requiring a railroad to cut weeds along its right-of-way within the municipality. The FRSA regulates…