The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the…

The court holds that the Safe Drinking Water Act (SDWA), in requiring the U.S. Environmental Protection Agency (EPA) to promulgate national primary drinking water regulations, is a valid exercise…

The court holds that a solid waste flow control requirement imposed by a 22-county waste authority in Mississippi violates the Commerce Clause of the U.S. Constitution. The authority required…

The court holds that application of the Endangered Species Act (ESA) to a commercial housing development that threatened the continued existence of the arroyo southwestern toad, an endangered…

The court holds that Arizona's cap on nonresident hunting of antlered deer and bull elk substantially affects and discriminates against interstate commerce and remands the case for further…

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not…

The court holds that a Vermont Environmental Board Act 250 (Act 250) permit that restricted truck travel through a village does not violate the U.S. Commerce Clause or the Supremacy Clause. A…

The court holds that the New York Air Pollution Mitigation Law is preempted by the Clean Air Act (CAA) and violates the U.S. Commerce Clause. Under Air Pollution Mitigation Law §66-k, an electric…

The court holds that garbage mixed with recyclables is not "property" and, thus, Oregon State county and city trash hauling regulations are not preempted by the Federal Aviation…

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…