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Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant...more

Fourth Circuit Weighs In On Rules For Clean Water Act’s One-Year Deadline for State Water Quality Certifications for Federal...

On July 2, 2021, the U.S. Court of Appeals for the Fourth Circuit waded into the controversy surrounding proper interpretation of the one-year deadline for state action contained in Section 401 of the Clean Water Act. Its...more

New Interpretation of Shot Clock Rules? Fourth Circuit Weighs In On Clean Water Act’s One Year Deadline for State Water Quality...

On July 2, 2021, the U.S. Court of Appeals for the Fourth Circuit waded into the controversy surrounding proper interpretation of the one-year deadline for state action contained in Section 401 of the Clean Water Act. Its...more

Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a...more

Supreme Court to Decide Superfund Case with Significant Implications Regarding the Timing of CERCLA Contribution Claims

The U.S. Supreme Court will once again wade into the scope and meaning of CERCLA, granting Guam’s petition for certiorari in Territory of Guam v. United States, No. 20-382, petition for cert. granted (U.S. Jan. 8, 2021). This...more

Fourth Circuit Holds Maryland Ban on Pharmaceutical “Price Gouging” Unconstitutionally Regulates Out-of-State Business Activity,...

The U.S. Court of Appeals for the Fourth Circuit has struck down a Maryland law banning “excessive” prices for generic drugs, breathing new life into the extraterritoriality prong of the Dormant Commerce Clause that prohibits...more

Supreme Court Poised to Overrule Requirement that Takings Claims be Filed In State Court

Signaling a possible sea change in takings law, the United States Supreme Court has accepted for review the Third Circuit’s decision in Rose Mary Knick v. Scott Township, Pennsylvania, 862 F.3d 310 (3d Cir. 2017), cert....more

Beveridge & Diamond Secures Unanimous Ruling in Pennsylvania Supreme Court Shielding Biosolids Land Application from Tort Claims

Litigators in the Firm’s Washington, DC office secured a unanimous ruling from the Supreme Court of Pennsylvania in favor of Beveridge & Diamond client Synagro and persuaded the Court to hold that land application of...more

Beveridge & Diamond Wins Preemption Decision in Washington State Court of Appeals

Appellate litigators in Beveridge & Diamond’s District of Columbia office, working with the Washington Department of Ecology, secured a unanimous decision from the Washington Court of Appeals striking down a county ban on...more

11/11/2014  /  Appeals , Biosolids , Farms , Preemption

Beveridge & Diamond Secures Pennsylvania Supreme Court Review in Toxic Tort Case

Litigators in the Firm’s Washington, DC office persuaded the Pennsylvania Supreme Court to grant an appeal in a tort case in which 34 plaintiffs allege that the land application of biosolids to farmland created a nuisance and...more

10/20/2014  /  Biosolids , Nuisance , Right to Farm Act
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