Constitutional Law

The court holds that 15 of Washington State's 16 best achievable protection (BAP) oil spill prevention regulations are not preempted by federal law. The court first holds that the BAP…

The court holds that the Court of Federal Claims has jurisdiction over a drilling company's takings and contract claims against the United States arising from the Bureau of Land Management…

The court upholds an injunction requiring an ore processing plant owner to provide the U.S. Forest Service with access to the area surrounding his mill and precluding further operations until the…

The court holds that a Minnesota statute requiring public entities to comply with county waste management plans does not violate the federal Commerce Clause. The court first holds that the…

The court holds that a city's refusal to allow a waste transport company to dispose of solid waste from a military base in the city's landfill did not violate the U.S. Constitution'…

The court holds that a delay in the issuance of a development permit partly owing to the mistaken assertion of jurisdiction by a state agency does not constitute a temporary taking. The state…

The court affirms the denial of landowners' untimely demand for a jury trial on the issue of just compensation in a condemnation proceeding initiated by the United States. The United States…

The court holds that shipping companies have a Fifth Amendment property interest in their single-hulled oil tankers. The companies brought suit against the United States alleging that their single…

The court holds that a company satisfied the requirements for the issuance of a preliminary injunction against a city seeking to enforce two zoning ordinances that impose disposal fees for the…

The court affirms a district court's denial of a waste hauling company's motion to enjoin a town from enforcing a local ordinance that provides for a municipal takeover of solid waste…