Constitutional Law

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing…

The court holds that the existence of genuine issues of material fact, regarding whether the Resource Conservation and Recovery Act (RCRA) preempts a local zoning board's hazardous waste…

The court affirms a Court of Federal Claims decision that the U.S. Army Corps of Engineers' denial of a residential development company's request for a Federal Water Pollution Control…

The court holds that the applicable six-year statute of limitations does not bar landowners' takings claims arising from their loss of shoreline property resulting from the U.S. Army Corps of…

The Court holds that a New York town's ordinance requiring all solid waste to be processed at a designated transfer station before leaving the town violates the Commerce Clause of the U.S.…

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal…

The court upholds a cease and desist order that a state natural resources district issued against a landowner, tenant farmers, and a partnership to prevent them from withdrawing groundwater from…

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM…

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…

The court holds that a county ordinance requiring federal and state agencies to consult and coordinate with the county board of commissioners on land use decisions and to comply with the county…