Constitutional Law

The court upholds a trial court determination that a use prohibition issued by the U.S. Army Corps of Engineers under Federal Water Pollution Control Act §404 constitutes a mere diminution in…

The court vacates district court sanctions that called for the suspension of three attorneys and the payment of $1 million to a halfway house, but affirms a $120,000 sanction for counsel fees and…

The Court holds that the Eleventh Amendment to the U.S. Constitution bars the Coeur d'Alene Tribe's suit against Idaho and Idaho officials over title to submerged lands within the…

The court holds that a Minnesota waste management statute that requires public entities to comply with county waste management plans does not violate the Commerce Clause of the U.S. Constitution…

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the…

The court holds that under the open fields doctrine, state natural resource officials may enter a landowner's property to conduct a warrantless inspection of wetlands on the property without…

The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is…

The court affirms a district court decision that New Jersey's solid waste flow control laws violate the U.S. Constitution's Commerce Clause, but reverses the lower court's decision…

The court holds that a municipal solid waste district that condemned a landowner's property for use as a landfill did not violate the landowner's right to due process or "take…

The court upholds Nevada county ordinances requiring landowners either to subscribe to a particular garbage collection service or to haul their garbage to an approved disposal site every seven…