Constitutional Law

The court holds that several provisions of the South Carolina Infectious Waste Management Act addressing the costs and hauling of particular wastes violate the Commerce Clause of the U.S.…

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to…

The court holds that the Illinois Coal Act violates the Commerce Clause of the U.S. Constitution. The Act requires public utilities to devise Clean Air Act (CAA) compliance plans and present them…

The court holds that a developer of a Louisiana tourist resort did not have a sufficient compensable property interest to bring a taking claim against the U.S. Army Corps of Engineers (Corps) for…

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A…

The court holds unconstitutional the requirement in §609(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Appropriations Act of 1990 that the executive branch…

The court holds that genuine issues of material fact regarding whether a municipal solid waste flow-control ordinance violates the Commerce Clause of the U.S. Constitution preclude summary…

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the…

The court holds that the denial by an Oregon city and the Oregon Department of Parks and Recreation (Department) of oceanfront property owners' permit application to construct a seawall in…

The court holds that the attachment to landowners' development permits of conditions that require landowners to dedicate portions of their property for public use is not a taking of property…